98  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  122,  ACTS  OF  1908. 

171.  An  willfully  false  statement  or  entry  made  by  any 
candidate  for  office,  treasurer,  political  agent  or  any  person 
acting  as  treasurer  or  political  agent,  or  by  any  member  or 
officer  of  any  political  committee,  in  any  statement  or  account 
under  oath  required  by  this  Act,  shall  constitute  a  crime  of 
perjury,  and  be  punished  as  such  according  to  the  laws  of  this 
State. 

CHAPTER  122,  ACTS  OF  1908. 

172.  Every  officer  with  whom  statements  or  accounts,  or 
duplicates  thereof  are  required  by  any  section  of  this  Article 
to  be  filed,  shall  receive  and  file  and  reserve  such  statements 
or  accounts,  or  duplicates  thereof,  in  his  office,  and  shall  keep 
the  same  as  part  of  the  records  thereof  for  at  least  three  years 
after  they  are  filed.     And  all  such  statements  and  accounts 
shall,  during  the  hours  for  which  the  office  in  which  they  may 
be  filed  is  open,  be  subject  and  open  to  the  inspection  of  any 
citizen  of  this  State,  and  copies  of  such  statements  or  accounts, 
certified  by  the  officer  in  whose  office  they  may  be  so  kept,  un- 
der the  seal  of  his  office,  shall  be  evidence  in  all  the  courts  to 
the  same  extent  as  the  original  thereof  would  he  if  produced 
and  proved. 

CHAPTER  122,  ACTS  OF  1908. 

173.  The  following  persons  shall  be  guilty  of  corrupt  prac- 
tices and  shall  be  punished  in  accordance  with  the  provisions 
of  this  Act.    Every  person  who  shall,  directly  or  indirectly,  by 
himself  or  by  another,  give  or  offer  or  promise  to  any  person 
any  money,  gift,  advantage,  preferment,  entertainment,  aid, 
emolument  or  any  valuable  thing  whatever,  for  the  purpose 
of  inducing  or  procuring  any  person  to  vote,  or  refrain  from 
voting,     for    or     against     any     person,     or     for    or    against 
any    measure    or    proposition    at    any    election    or    primary 
election    or    political    convention    or    session    of    the    Gen- 
eral   Assembly     of    Maryland,     or     either     House     thereof, 
Every    person    who    shall    directly    or    indirectly    receive, 
accept,    request     or    solicit     from     any     person,     candidate, 
committee,     association,     organization    or    corporation,    any 
money,  gift,  advantage,  preferment,  aid,  emolument,  or  any 
valuable  thing  whatsoever,  for  the  purpose  of  inducing  or  pro- 
curing any  person  to  vote,  or  refrain  from  voting,  for  or 
against  any  person,  or  for  or  against  any  measure  or  proposi- 
tion at  any  election  or  primary  election  or  political  conven- 
tion.   Every  person  who,  in  consideration  of  any  money,  gift, 
advantage,  preferment,  aid,  emolument,  or  any  valuable  thing 
whatsoever,  paid,  received,  accepted  or  promised  to  the  ad- 
vantage of  himself  or  any  other  person,  shall  vote,  or  refrain 
from  voting  for  or  against  any  person,  or  for  or  against  any 


OP  THE  STATE  OF  MARYLAND.  99 

measure  at  any  such  election,  caucus  or  primary  election  or 
political  convention.  Every  person  who  shall,  directly  or  in- 
directly, pay,  give,  contribute  or  promise  any  money  or  other 
valuable  thing,  to  defray  or  towards  defraying  the  costs  or  ex- 
penses of  any  campaign  or  election,  to  any  person,  committee, 
company,  club,  organization  or  association  other  than  to  a 
treasurer  or  a  political  agent;  but  this  sub-section  or  para- 
graph shall  not  apply  to  dues  regularly  paid  for  membership 
in  any  incorporated  political  club  if  all  moneys  expended  by 
such  club  for  or  in  connection  with  the  costs  or  expenses  of 
any  campaign  or  election  shall  be  paid  out  by  it  only  through 
a  treasurer  or  political  agent  as  provided  in  this  Act,  or  to  any 
expenses  for  postage,  telegrams,  telephoning,  stationery, 
printing,  expressage  or  traveling  and  board  incurred  by  any 
candidate  for  office  or  for  nomination  thereto,  so  far  as  they 
are  permitted  by  this  Act.  Every  person  who  shall,  directly 
or  indirectly,  by  himself  or  through  another  person,  make  a 
payment,  or  promise  of  payment,  to  a  treasurer  or  political 
agent  in  any  other  imme  than  his  own,  find  every  treasurer 
or  political  agent  who  shall  knowingly  receive  a  payment,  or 
promise  of  payment,  and  enter  the  same  or  cause  the  same  to 
be  entered  in  his  accounts  in  any  other  name  than  that  of  the 
person  by  whom  such  payment  or  promise  of  payment 
is  made.  Every  person  who  being  an  employer,  pays 
his  employees  the  salary  or  wages  due  in  "pay  envel- 
lopes,"  upon  which  there  is  written  or  printed  or  in 
which  there  is  enclosed  any  political  motto,  device  or 
argument  containing  threats,  express  or  implied,  intended  or 
calculated  to  influence  the  political  opinions  or  actions  of  such 
employes,  or  within  ninety  days  of  an  election  or  primary 
elections,  puts,  or  otherwise  exhibits  in  the  establishment  or 
place  where  his  employees  are  engaged  in  labor,  any  hand-bill 
or  placard  containing  any  threat,  notice  or  information  that 
if  any  particular  ticket  or  candidate  is  elected  or  defeated, 
work  in  his  place,  or  establishment,  will  cease,  in  whole  or  in 
part,  his  establishment  be  closed  up,  or  wages  of  his  employees 
reduced,  or  other  threats,  express  or  implied,  intended  or  cal- 
culated to  influence  the  political  opinions  or  actions  of  his  em- 
ployees. Every  person  who  before,  during,  or  after  an  el*-.- 
tion  or  primary  election  by  himself,  or  by  any  other  person, 
either  directly  or  indirectly,  gives  or  provides,  or  pays,  wholly 
or  in  part,  the  expenses  of  giving  or  providing  any  meat, 
drink,  entertainment  or  provisions  to  or  for  any  person  for 
the  purpose  of  influencing  that  person,  or  any  other  person,  to 
give  or  refrain  from  giving  his  vote  at  the  election,  or  primary 
election,  or  to  influence  his  vote  in  any  other  way  therein,  or 
on  account  of  his  having  voted,  or  refrained  from  voting,  or 
being  about  to  vote  or  refrain  from  voting:  and  every  elector 
who  accepts  the  same,  or  any  of  the  same,  for  any  of  the  pur- 
poses aforesaid.  Every  person  who  shall  be  guilty  of  any  eor- 


GIFT  OF 

JicZ*. 


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xxxxx*xx*&^^ 


REGISTRATION 


AND 


ELECTION     LAWS 


OF 


MARYLAND 


Including  all  Amendments  to  and  including  the  Acts  of  the 

General  Assembly  of   1914;  also  containing  the 

Primary  Election  Law,  the  Senatorial 

Primary  Law,  and  the  Corrupt 

Practices  Law. 


PUBLISHED  BY 

THE  SECRETARY  OF  STATE 

K******^^ 


REGISTRATION 


AND 


ELECTION    LAWS 


OF 


MARYLAND 


Including  all  Amendments  to  and  including  the  Acts  of  the 

General  Assembly  of   1914;  also  containing  the 

Primary  Election  Law,  the  Senatorial 

Primary  Law,  and  the  Corrupt 

Practices  Law. 


PUBLISHED  BY 

THE  SECRETARY  OF  STATE 


PBINTED    BY 

THE    ADVERTISER-REPUBLICAN. 

ANNAPOLIS,    MD. 


ELECTION  LAW. 


Article  33  of  the  Code  of  Public  General  Laws  of  Mary- 
land, title  " Elections/'  as  amended  by  the  Acts  of  1898,  1900, 
1901,  1902,  1904,  1906,  1908,  1910,  1912,  and  1914. 

CHAPTER  202,  ACTS  OF  1896. 

1.  The  Governor  shall  biennially  appoint,  by  and  with  the 
advice  and  consent  of  the  Senate,  if  in  session,  and  if  not  in 
session,  then  the  Governor  alone  shall  appoint,  in  each  and 
every  county  of  the  State,  and  in  the  city  of  Baltimore,  three 
persons,  who  shall  constitute  and  be  styled  "The  Boards  of 
Supervisors  of  Elections  of  the  respective  counties  and  of  said 
city."    Said  supervisors  shall  be  residents  and  voters  in  their 
respective  counties,  or  in  the  city  of  Baltimore,  as  the  case 
may  be,  and  two  of  them  shall  always  be  selected  from  the  two 
leading  political  parties  of  the  State,  one  from  each  of  said 
parties.     They  shall  be  men  of  high  character  and  integrity, 
and  of  recognized  business  capacity.    Before  appointing  such 
supervisors  of  elections  the  Governor  shall  request  the  State 
Central  Committees  representing  each  of  the  two  leading  po- 
litical parties  of  the  State,  in  each  county  and  in  said  city,  as 
the  case  may  be,  to  designate  at  least  four  eligible  candidates 
for  the  position  of  supervisors  of  elections,  in  their  respective 
counties  and  in  said  ctiy,  and  the  Governor  shall  appoint  one 
of  the  persons  so  designated  for  any  particular  county  or  for 
said  city,  unless  in  his  judgment,  all  of  said  persons  shall  be 
unfit  or  incompetent  for  said  position,  in  which  case  he  shall 
file  a  written  statement  to  that  effect  with  the  Secretary  of 
State,  setting  forth  such  fact,  and  the  grounds  therefor,  and 
thereupon  he  shall  call  upon  said  committee  for  the  city  or 
county,  as  the  case  may  be,  for  another  list  of  six  names,  and 
from  said  list  and  the  original  list  he  shall  make  the  appoint- 
ment. 

CHAPTER  202,  ACTS  OF  1896. 

2.  Each  Supervisor  of  Elections  of  Baltimore  city  shall  re- 
ceive an  annual  salary  of  fifteen  hundred  dollars,  and  each 
Supervisor  of  Elections  of  a,ny  of  the  counties  of  this  State 
shall  receive  an  annual  salary  of  one  hundred  dollars,  which 
salary  may,  in  the  counties  having  more  than  fifteen  polling 

293003 


\y;>  FI.KCTION  LAWS 

places,  be  increased  by  the  County  Commissioners,  in  their 
discretion1,  to  an  amount  not  exceeding  one  hundred  and  fifty 
dollars.  These  salaries  and  all  other  expenses  incurred  by 
them  under  this  Article  shall,  upon  their  requisition,  be  au- 
dited by  the  County  Commissioners  of  their  respective  coun- 
ties, or  by  the  Comptroller  of  Baltimore  city,  as  the  case  may 
be.  who  shall  pay  the  same  by  warrant,  drawn  upon  the  pro- 
per officers  of  their  county  or  of  said  city. 

CHAPTER  202,  ACTS  OF  1896. 

3.  Before  entering  upon  the  duties  of  their  office  said  Su- 
pervisors of  Elections  shall  each  take  and  subscribe  the  oath 
prescribed  in  the  sixth  section  of  the  first  Article  of  the  Con- 
stitution, and  also  an  oath  to  perform  faithfully  and  honestly 
the  duties  imposed  upon  them  by  law.  These  oaths  shall  be 
taken  before  and  duly  recorded  by  the  Clerk  of  the  Circuit 
Court  for  the  county,  or  of  the  Superior  Court  of  Baltimore 
city,  as  the  case  may  be.  who  shall  be  entitled  to  a  fee  of 
twenty-five  cents  for  each  oath,  to  be  paid  by  the  Supervisors 
Within  twenty  days  after  their  appointment  the  Supervisors 
of  Elections  for  each  county  and  for  the  city  of  Baltimore, 
respectively,  shall  organize  as  a  board  by  electing  one  of  their 
number  as  president  -.  and  they  shall  hold  office  for  two  years, 
and  until  their  successors  are  appointed  and  qualified,  unless 
sooner  removed,  for  good  cause  shown,  by  the  Governor,  who 
shall  have  power  to  so  remove  them  at  any  time,  upon  written 
charges,  after  notice  and  hearing. 

CHAPTER  202,  ACTS  OF  1896. 

•i.  In  case  of  any  vacancy  in  the  number  of  said  Supervis- 
ors of  Elections  occurring  when  the  Legislature  is  not  in  ses- 
sion, the  Governor  shall  appoint  some  eligible  person  to  fill 
such  vacancy  during  the  remainder  of  the  term  of  office  of  the 
person  originally  appointed;  but  if  the  latter  was  appointed 
as  the  representative  of  a  political  party,  then  only  a  person 
belonging  to  the  same  political  party  shall  be  eligible  as  his 
successor ;  and  it  shall  be  the  duty  of  the  Governor,  before  ap- 
pointing such  successor,  to  request  the  State  Central  Commit- 
tee representing  such  political  party  in  the  county  or  city,  as 
the  case  may  be,  to  designate  candidates  for  such  successor,  in 
the  same  manner  as  in  the  case  of  an  original  appointment; 
and  if  the  Governor  shall  see  fit  not  to  appoint  any  one  of 
the  persons  so  designated,  he  shall  file  his  reasons  for  not  do- 
ing so,  as  in  the  case  of  an  original  appointment,  and  he  shall 
appoint  as  and  from  list  as  provided  in  case  of  an  original  ap- 
pointment. 


OF  THE  STATE  OF  MARYLAND.  5 

CHAPTER  202,  ACTS  OF  1896.      • 

5.  Each  Board  of  Supervisors  shall  have  an  office,  and 
shall  provide  all  necessary  ballot-boxes  and  ballots,  and  all 
registry  books,  poll  books,  tally  sheets,  blanks  and  stationery 
of  every  description,  with  printed  headings  and  certificates, 
necessary  and  proper  for  the  registry  of  voters  and  conduct 
of  elections,  and  for  every  incidental  purpose  connected  there- 
with ;  and  the  expenses  thereof  shall  be  paid  by  the  county  or 
by  the  Mayor  and  the  City  Council  of  Baltimore,  as  the  case 
may  be,  as  above  provided.    It  shall  be  the  duty  of  the  County 
Commissioners  of  the  several  counties,  and  of  the  Mayor  and 
City  Council  of  the  city  of  Baltimore,  to  allow  the  reasonable 
use  of  the  public  buildings  in  their  respective  counties,  and  in 
said  city,  by  the  election  supervisors  thereof,  and  to  light  and 
heat  the  same  for  such  use,  and  in  all  proper  ways  to  facili- 
tate them  in  the  discharge  of  their  duties  as  such  supervisors. 

CHAPTER  391,  ACTS  OF  1914. 

6.  The  Board  of  Supervisors  of  Elections  of  the  several 
counties  may  have  clerks,  with  the  consent  of  the  County 
Commissioners,  for  their  respective  counties,  at  such  compen- 
sation as  the  said  County  Commissioners  may  fix.    The  Super- 
visors of  Elections  of  the  city  of  Baltimore  shall  have  a  chief 
clerk  at  a  salary  of  two  thousand  five  hundred  ($2,500)  dol- 
lar, and  a  deputy  clerk  at  a  salary  of  two  thousand  ($2,000) 
dollars,  and  one  assistant  clerk  at  a  salary  of  eighteen  hun- 
dred   ($1,800)    dollars    and   one    deputy    assistant    clerk    at 
a  salary  of  fifteen  hundred  ($1,500)  dollars  per  annum.    The 
said  clerks,   and  in  the   city  of  Baltimore  the  chief  clerk, 
deputy   clerk,    assistant    clerk,    and    deputy    assistant   clerk, 
shall  be  appointed  by  the  respective  boards  of  supervisors, 
and  shall  be  removable  by  them  in  their  discretion.    In  Balti- 
more city,  the  chief  clerk,  deputy  clerk,  assistant  clerk  and 
deputy  assistant  clerk,  with  the  approval  of  the  Supervisors, 
shall  from  time  to  time,  secure  such  temporary  assistance  as 
may  be  necessary  for  the  proper  transaction  of  the  business 
of  the  office,  but  the  compensation  of  such  assistants  to  be  paid 
by  the  Mayor  and  City  Council  of  Baltimore,  upon  requisition 
by  the  said  Supervisors,  shall  not  exceed  the  sum  of  two  thou- 
sand ($2,000)  dollars  in  any  one  year. 

CHAPTER  202,  ACTS  OF  1896. 

7.  In  each  year  the  Board  of  Supervisors  of  Elections  in 
the  city  of  Baltimore  shall  select  before  the  first  day  of  July, 
four  judges  of  election;  and  before  the  fifteenth  day  of  Sep- 
tember, two  clerks  for  each  election  precinct  in  said  city,  tak- 


6  REGISTRATION  AND  ELECTION  LAWS 

ing  two  of  such  judges  and  one  of  such  clerks  from  each  of  the 
two  leading  political  parties  of  the  State.  The  Boards  of  Su- 
pervisors in  the  several  counties,  in  each  year  in  which  an 
election  in  November  is  to  be  held  in  their  respective  coun- 
ties, shall  select,  before  the  first  day  of  July,  two  judges  of 
election,  and  before  the  15th  day  of  September,  two  more 
judges  of  election,  and  two  clerks  for  each  election  district 
in  their  respective  counties,  or,  where  a  district  is  divided 
into  voting  precincts,  for  each  voting  precinct  in  such  district, 
taking  one  of  such  judges  and  one  of  such  clerks,  in  making 
each  such  selection,  and  for  each  such  voting  precinct  or  dis- 
trict, from  each  of  the  two  leading  political  parties  of  the 
State,  so  that  such  parties  shall  be  equally  represented  at  all 
times  among  said  election  officers.  It  shall  not  be  necessary 
to  appoint  new  or  special  judges  or  clerks  of  election  for  any 
election  not  held  on  the  first  Tuesday  after  the  first  Monday 
in  November,  whether  general,  special,  local  or  municipal,  and 
whether  such  election  be  held  in  the  whole  State  or  in  any 
county  or  part  thereof;  but  the  judges  and  clerks  appointed 
under  this  Article  for  the  preceding  November  election  shall 
discharge  the  duties  of  said  judges  and  clerks  of  election,  re- 
spectively, within  their  several  precincts  or  districts  wherein 
such  election  shall  be  held.  Each  judge  and  each  clerk  must 
be  a  legal  voter  residing  in  the  precinct  or  district,  as  the  case 
may  be,  for  which  he  is  selected — a  man  of  good  capacity  and 
character — able  to  speak,  read  and  write  the  English  lan- 
guage, and  skilled  in  the  four  fundamental  rules  of  arithme- 
tic, not  holding  any  other  public  office  or  employment,  and  not 
a  candidate  for  any  office  at  the  next  election ;  provided,  that 
in  the  city  of  Baltimore,  whenever  all  three  supervisors  shall 
file  in  their  office  a  sworn  statement,  in  writing,  that  suitable 
persons  cannot,  in  their  judgment,  be  secured  in  any  particu- 
lar precinct  for  some  of  the  offices  to  be  filled,  such  offices  may 
in  such  case  be  filled  by  persons  otherwise  qualified  residing 
in  another  precinct  of  the  same  ward. 

CHAPTER  202,  ACTS  OF  1896. 

8.  Each  supervisor  shall  have  a  veto  upon  the  proposed  se- 
lection or  nomination  of  any  judge  or  clerk ;  and  if,  in  any 
case,  in  consequence  of  such  veto,  the  Board  of  Supervisors 
cannot  agree  upon  an  appointment,  then  the  supervisor  or  su- 
pervisors belonging  to  the  political  party  entitled  to  be  repre- 
sented by  the  judge  or  clerk  in  question  shall  name  three  men 
who  are  eligible,  and  from  these  the  other  supervisor  or  super- 
visors shall  select  such  judge  or  clerk. 

CHAPTER  202,  ACTS  OF  1896. 

9.  Each  person  selected  as  judge  or  clerk  by  the  Board  of 
Supervisors  shall  be  promptly  notified  of  the  fact  of  his  selec- 


OF  THE  STATE  OF  MARYLAND.  7 

tion,  with  directions  to  appear,  withiii  the  time  fixed  in  the 
notice,  before  the  board  for  the  purpose  of  examination;  and 
if,  upon  examination,  he  is  found  qualified,  he  shall,  unless 
excused  by  the  supervisors  for  good  cause,  be  appointed  by 
the  supervisors,  and  shall  be  bound  to  serve  as  such  officer  for 
the  term  of  one  year.  The  supervisors  shall  keep  books  in 
which  shall  be  written  down  the  name  of  all  the  judges  and 
clerks  so  appointed,  the  date  and  manner  of  notice  to  them  to 
appear,  and  whether  or  not  they  appear,  and,  if  appearing, 
whether  they  were  appointed,  rejected  or  excused,  and  if  re- 
jected or  excused,  the  reasons  therefor.  No  person  shall  be 
compelled  to  serve  as  judge  or  clerk  for  one  year  after  the  ex- 
piration of  his  term  of  service,  and  all  persons  so  serving  shall 
be  exempt  from  jury  duty  during  the  term  of  their  service 
and  for  one  year  thereafter.  Any  "person  so  selected  and  noti- 
fied to  appear  for  examination  who  shall  not  appear  before 
the  board  as  required,  or  shall  refuse  to  serve,  shall  be  fined 
not  less  than  one  hundred  dollars  nor  more  than  three  hun- 
dred dollars,  unless  it  shall  appear  that  he  was  not  qualified 
for  such  service  by  reason  of  ill-health,  infirmity  or  old  age. 
It  shall  be  the  duty  of  the  supervisors  to  notify  the  State's 
Attorney  of  the  county  or  city  of  Baltimore  of  the  failure,  re- 
fusal or  neglect  of  any  person,  and  to  require  the  State's  At- 
torney to  institute  proceedings  for  such  penalty  at  the  next 
term  of  Court.  The  State's  Attorney  shall  receive  a  fee  of 
fifty  dollars  for  every  penalty  recovered  by  him,  to  be  paid 
out  of  the  sum  actually  recovered,  whether  the  proceedings 
for  the  recovery  of  such  penalty  shall  be  instituted  of  his  own 
motion  or  at  the  instance  of  said  supervisors. 

CHAPTER  205,  ACTS  OF  1914. 

10.  The  judges  and  clerks  appointed  by  the  Board  of  Su- 
pervisors of  Election  for  Allegany,  Garrett,  Queen  Anne's, 
Dorchester,  Howard,  Frederick,  Washington,  Carroll,  Charles, 
St.  Mary's  and  Prince  George's  counties  shall  not  be  required 
to  appear  before  the  said  Board  of  Supervisors  of  Elections 
for  the  purpose  of  examination  nor  to  be  sworn  in  as  required 
by  Section  9  of  this  Article,  but  the  said  Board  of  Supervisors 
of  Elections  for  said  counties,  before  making  appointments  of 
any  such  judges  or  clerks,  shall  thoroughly  inform  themselves 
as  to  the  qualifications  of  the  parties  appointed,  and  shall  not 
require  their  attendance  before  the  said  board  for  such  ex- 
amination, and  they  shall  appoint  only  such  persons  as  are 
known  to  them  to  possess  the  proper  qualifications  for  the 
position  to  which  they  are  severally  appointed,  and  the  said 
persons  may  be  sworn  in  either  by  said  board  or  by  a  Justice 
of  the  Peace  or  Notary  Public  of  the  said  county,  and  when 
sworn  in  by  a  Justice  of  the  Peace  or  Notary  Public,  such 


8  REGISTRATION  AND  ELECTION  LAWS 

judges  and  clerks  shall  file  with  said  Board  of  Supervisors 
a  certificate  of  qualification. 

CHAPTER  727,  ACTS  OF  1914. 

11.  After  the  judges  and  clerks  are  appointed,  the  Board 
of  Supervisors  shall  immediately  and  before  the  first  day  of 
August  in  each  year,  give  notice  of  the  names  of  all  such 
judges,  and  shall,  before  the  first  day  of  October,  give  notice 
of  the  names  of  all  such  clerks,  and  in  every  case  the  residence 
and  the  precincts  for  which  they  are  selected,  by  causing  the 
same  in  the  several  counties  to  be  published  once  a  week  for 
two  successive  weeks  in  two  or  more  newspapers  in  each  coun- 
ty except  Howard  county,  where  the  Supervisors  of  Elections 
may  publish  the  same  in  one  newspaper,  one  of  which  papers, 
if  possible,  shall  be  of  opposite  political  faith  from  that  of  a 
majority  of  such  supervisors;  and  if  no  newspapers  be  pub- 
lished in  such  county,  then  by  posting  such  notice  in  three  of 
the  most  public  places  in  such  county ;  and  in  Baltimore  city 
to  be  published  once  in  all  the  daily  newspapers  in  said  city 
which  shall  be  willing  to  publish  the  same  at  their  current 
rates  for  advertising;  said  board,  in  appointing  judges  and 
clerks,  and  in  the  notice  thereof,  shall  designate  the  persons 
intended  by  them  to  represent  the  political  parties  respect- 
ively. It  shall  be  the  duty  of  the  said  board  to  examine 
promptly  into  any  complaints  which  may  be  preferred  to 
them  in  writing  against  the  fitness  or  qualifications  of  any 
person  so  appointed  judge  or  clerk,  and  to  remove  any  such 
judge  or  clerk  when  upon  inquiring  they  shall  find  to  be  un- 
fit or  incapable.  The  board  shall  forthwith  appoint  persons 
in  the  manner  hereinbefore  prescribed  to  fill  all  vacancies  in 
the  office  of  judge  or  clerk,  and  shall  immediately  make  pub- 
lic the  names  of  such  persons  so  appointed  by  advertisement 
as  nearly  as  may  be,  as  hereinbefore  provided  for  the  original 
appointments.  The  record  of  appointments  to  fill  vacancies 
shall  be  kept  in  the  books  as  hereinbefore  prescribed  in  Sec- 
tion 9,  which  books,  with  the  recommendation  and  protests 
made  to  them,  and  all  their  other  records  and  papers  shall  al- 
ways be  open  to  the  inspection  of  the  public.  After  notice  as 
aforesaid  of  their  appointments,  the  judges  and  clerks  shall 
again  be  notified  to  appear  at  the  office  of  said  board,  and  shall 
then  and  there,  after  taking  the  oath  of  office  before  one  of 
said  supervisors,  receive  their  commissions.  The  oath  of  office 
shall  be  in  writing  and  subscribed  by  each  one  in  a  book  to  be 
kept  for  the  purpose  by  the  supervisors,  and  shall  be  in  sub- 
stance as  follows :  Residing  at in  the 

city  (or  county)  of in  the  State  of  Mary- 
land, do  solemnly  swear  (or  affirm)  that  I  am  a  legal  voter  in 
the precinct  of  the ward  of  the  city 


OF  THE  STATE  OF  MARYLAND.  9 

(or district  of county)   in  the  said 

State,  that  I  will  support  the  Constitution  of  the  United 
States,  and  that  I  will  be  faithful  and  bear  true  allegiance  to 
the  State  of  Maryland  arid  support  the  Constitution  and  Laws 
thereof,  and  that  I  will  'faithfully  and  honestly  discharge  the 
duties  of  an  officer  of  registration  and  judge  of  election  (or 

clerk  of  election)  for  the precinct  of  the 

ward  of  the  city  (or  district)  of county, 

in  the  State  of  Maryland,  according  to  the  best  of  my  ability, 
and  I  do  further  swear  (or  affirm)  that  I  will  not  attempt  to 
ascertain,  save  in  cases  and  in  the  manner  on  which  I  am  au- 
thorized by  law  so  to  do,  for  what  candidate  or  candidates 
any  person  shall  vote  or  has  voted  on  any  question  which  may 
be  or  may  have  been  submitted  to  the  vote  of  the  people,  and 
if  such  knowledge  shall  be  acquired  by  me,  I  will  not,  directly 
or  indirectly,  by  word  or  act,  divulge  or  reveal  the  same  or 
aid  in  doing  so,  save  when  I  am  required  to  do  so  by  law  in 
some  legal  proceeding. 

CHAPTER  202,  ACTS  OF  1896. 

12.  It  shall  be  the  duty  of  said  Board  of  Supervisors  to 
appoint  the  place  of  registration,  and  also  the  polling  place, 
in  each  precinct  of  their  county  or  city,  and  to  cause  the  same 
to  be  fitted  up,  warmed,  lighted  and  cleaned.    The  places  for 
registration  and  polling  shall,  in  all  cases,  be  upon  the  ground 
floor  of  a  building,  the  entrance  to  which  is  from  the  highway 
or  from  a  public  street  at  least  forty  feet  wide,  if  in  the  city 
of  Baltimore,  and  at  least  twenty-five  feet  wide,  if  in  the  coun- 
ties, in  a  room  facing  on  said  street  or  highway,  and  shall  be 
as  near  the  centre  of  the  voting  population  of  the  precinct, 
and  as  convenient  to  the  greatest  number  of  voters,  as  is 
practicable,  and  in  no  case  shall  a  registration  or  election  be 
held  in  any  building,  or  part  of  the  building,  used  or  occu- 
pied as  a  saloon,  dram-shop,  pool-room,  billiard  hall  or  bowl- 
ing alley,  or  communicating  therewith  by  doors  or  hallways. 
If  no  suitable  place  is  found,  the  supervisors  shall  provide  one. 

CHAPTER  202,  ACTS  OF  1896. 

13.  It  shall  be  the  duty  of  the  person  or  officer^  having 
charge  of  the  vital  statistics  of  any  city  or  comity  to  furnish 
the  Board  of  Supervisors  of  Elections,  monthly,  a  report  of 
the  name  and  previous  residence  of  every  male  person  over 
twenty-one  years  of  age  who  shall  have  died  during  the  pre- 
ceding month;  and  said  board  shall,  immediately  before  the 
registration  or  revision  thereof,  in  each  year,  cause  to  be  ar- 
ranged alphabetically,  and  as  near  as  possible,  according  to 
wards  in  the  cities,  and  according  to  election  precincts  in  the 


10  REGISTRATION  AND  ELECTION  LAWS 

counties,  the  names  and  late  residences  of  all  such  deceased 
persons,  and  have  the  same  printed,  and  furnish  a  copy  of 
said  printed  list  to  each  member  of  the  Board  of  Registry  of 
such  wards  or  precincts  for  their  guidance. 

CHAPTER  719,  ACTS  OF  1914. 

14.  Said  Board  of  Supervisors  shall  give  ten  days'  notice 
of  the  time  and  place  of  registration,  and  of  revision  thereof, 
and  of  elections  in  each  precinct  of  such  county  or  city,  by 
handbills  set  up  in  the  most  public  places  in  such  precinct, 
and  also  in  the  counties,  by  advertisements  in  two  newspa- 
papers  (one  of  which  newspapers,  if  possible,  shall  be  of  oppo- 
site political  faith  from  that  of  the  majority  of  said  super- 
visors)   of   general   circulation    therein,    except   in    Howard 
county,  where  the  supervisors  of  election  may  publish  in  one 
newspaper  the  notice  above  required,  and  in  the  city  of  Balti- 
more, by  advertisement  in  all  the  daily  newspapers  which  will 
publish  the  same  at  their  current  rate  of  advertising.     And 
the  Sheriff  of  Baltimore  city  and  of  each  county  shall  no 
longer  publish  such  notices  of  election.  Said  board  shall  make 
all  necessary  rules  and  regulations  not  inconsistent  with  this 
Article,  with  reference  to  the  registration  of  voters  and  the 
conduct  of  elections,  and  they  shall  have  charge  of  and  make 
provision  for  all  elections,  general,  special,  local,  municipal, 
State  and  county,  and  for  all  others  of  every  description,  to 
be  held  in  such  city  or  county,  or  any  part  thereof,  at  any 
time ;   all  questions  shall  be   decided  by  a  majority  of  the 
board,  unless  otherwise  expressly  provided  in  this  Article ; 
provided,  however,  that  in  any  incorporated  city  or  town  in 
this  State   (other  than  the  city  of  Baltimore)   in  which  the 
municipal  or  charter  elections  thereof  are  now  regulated  by 
the  Public  Local  Laws  of  the  State,  the  conduct  of  such  muni- 
cipal or  charter  elections  shall  continue  to  be  so  regulated  as 
heretofore,   and  such   Public  Local  Laws  shall   continue  in 
force  therein,  the  provision  hereinabove  contained  in  refer- 
ence to  hand  bills  shall  not  apply  to  Baltimore  city. 

CHAPTER  202,  AC^S  OF  1896. 

15.  Each  judge  of  election  in  the  city  of  Baltimore  and 
each  of  the  two  judges  of  election  appointed  before  the  first 
day  of  July  in  the  counties,  as  provided  in  Section  7,  shall  also 
be  an  officer  of  registration  in  the  district  or  precinct  for 
which  he  shall  be  appointed,  and  the  judges  so  appointed, 
when  duly  qualified,  shall  for  their  respective  districts  or  pre- 
cincts, collectively,  constitute  the  Board  of  Registry  thereof. 
Said  officers  of  registration,  and  each  of  them,  in  addition  to 
the  power  hereinafter  conferred  upon  them  as  judges  of  elec- 


OF  THE  STATE  OF  MARYLAND.  11 

tion,  shall  have,  during  the  respective  times  of  the  appointed 
sittings  of  said  Board  of  Registry,  authority  to  keep  the  peace 
and  to  preserve  order  and  enforce  obedience  to  their  lawful 
commands  at  and  around  the  places  of  registration;  to  keep 
the  access  to  such  place  open  and  unobstructed,  to  prevent 
and  suppress  riots,  tumult,  violence  and  disorder,  any  viola- 
tion of  this  Article,  and  all  other  improper  practices  at  and 
around  their  places  of  registration  tending  to  intimidation  or 
to  the  obstruction  of  their  work;  they  may  compel  by  sum- 
mons or  attachment,  the  presence  of  witnesses  before  them  for 
any  purpose  connected  with  the  duties  of  their  office,  and  may 
commit  for  trial  any  person  committing  at  or  around  their 
place  of  registration  any  breach  of  the  peace  or  other  offense 
forbidden  by  this  Article ;  they  shall  have  the  power  to  issue 
any  of  said  summonses,  attachments  or  commitments  when 
sitting  in  any  county  in  this  State,  to  the  Sheriff  of  said 
county  or  to  any  constable  thereof,  and  when  sitting  in  the 
city  of  Baltimore,  to  marshal  of  police  or  to  any  police  officer 
of  said  city;  all  such  processes  shall  be  served  by  said  re- 
spective officers  in  the  same  manner  as  if  they  were  issued  by 
a  court  of  record  having  jurisdiction  of  the  subject-matter,  or 
by  a  Justice  of  the  Peace  exercising  police  powers  within  such 
respective  jurisdiction.  The  Sheriff  or  constable  in  any 
county  of  this  State  who  shall  serve  any  of  said  processes 
shall  receive  the  same  fees  in  like  manner  as  it  is  or  may  be 
by  law  provided  that  he  shall  receive  fees  in  other  State  cases, 
but  no  officer  of  police  in  the  city  of  Baltimore  shall  charge 
or  receive  any  fee  for  any  service  performed  under  this  Ar- 
ticle ;  and  no  officer  of  registration  shall  charge  or  receive  any 
compensation  for  any  service  performed  under  this  Article, 
except  such  as  is  herein  provided.  The  Board  of  Police  Com- 
missioners for  the  city  of  Baltimore  shall  detail  police  officers, 
and  the  Sheriffs  for  their  respective  counties  shall  detail 
deputy  sheriffs,  by  them  appointed,  sufficient  in  number  to 
preserve  order  at  the  places  in  said  city  of  Baltimore  and  in 
said  respective  counties  where  said  officers  of  registration  may 
be  sitting  for  the  discharge  of  the  duties  of  their  respective 
offices. 

CHAPTER  2,  ACTS  OF  1901. 

16.  The  Supervisors  of  Elections  shall  furnish  to  each 
Board  of  Registry,  for  the  purpose  of  such  registration,  two 
registry  books  which  it  shall  be  the  duty  of  said  officers  of 
registration  to  protect  and  keep  safe,  and  the  said  supervisors 
shall  designate  two  of  said  officers  appointed  from  different 
political  parties,  each  of  whom  shall  be  charged  with  the  cus- 
tody of  one  of  said  books  during  the  intervals  between  the  sec- 
sions  of  the  Board  of  Registry  until  the  return  of  said  books 
to  the  Supervisors  of  Elections,  as  hereinafter  provided.  Such 
registry  books  shall  be  prepared  substantially  in  the  following 
form: 


12 


REGISTRATION  AND  ELECTION  LAWS 


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OF  THE  STATE  OF  MARYLAND.  13 

In  the  counties  a  sufficient  number  of  columns  headed 
"voted"  should  be  provided  to  last  until  the  next  general  reg- 
istration, and  in  all  registry  books  one  or  more  extra  columns 
should  be  provided,  to  be  used  in  case  of  special  election. 

Registers  of  voters, precinct 

or  district ward,    county   (or  city). 

CHAPTER  236,  ACTS  OF  1910. 

17.  On  Tuesday  six  weeks  preceding  the  election  to  be  held 
on  the  first  Tuesday  after  the  first  Monday  in  November,  1896, 
which  shall  occur  after  the  enactment  of  this  Article,  each 
Board  of  Registry  shall  meet  at  the  place  designated  by  its 
Board  of  Supervisors  of  Election,  and  shall  proceed  to  make 
a  general  registration  of  all  the  voters  in  its  precinct  or  dis- 
trict, as  the  case  may  be.  The  proceedings  of  each  Board  of 
Registry  shall  be  as  follows:  1.  They  shall  open  the  registry 
in  the  city  of  Baltimore  at  12  o'clock  M.,  and  continue  in  ses- 
sion until  10  o'clock  P.  M.,  on  the  Tuesday  aforesaid.  In  the 
counties  the  hours  of  session  shall  be  from  8  o'clock,  A.  M.,  to 
8  o'clock,  P.  M.  One  of  the  officers  of  registration  shall  ad- 
minister to  all  persons  who  shall  personally  apply  to  register 
the  following  oath  or  affirmation:  "You  do  solemnly  swear 
(or  affirm)  that  you  will  fully  and  truly  answer  all  such  ques- 
tions as  shall  be  put  to  you  touching  your  place  of  residencer 
name,  place  of  birth,  your  qualifications  as  a  voter,  and  your 
right  as  such  to  register  and  vote  under  the  laws  of  this 
State."  2.  The  two  officers  of  registration  designated  by  the 
supervisors  to  have  custody  of  the  two  registry  books,  or  such 
of  their  colleagues  as  such  of  them  may  respectively  ask  to 
temporarily  replace  him  in  the  discharge  of  his  duty,  shall 
make  the  entries  therein  required  by  this  Article,  and  the 
questions  as  to  qualifications  shall  be  asked  by  the  other  offi- 
cers of  said  board.  3.  The  name  and  age  of  every  applicant 
shall  be  entered  in  such  registry  books  and  all  the  facts  of  his 
application  shall  be  therein  stated  as  herein  provided,  whether 
he  be  entitled  to  vote  or  not.  If  it  shall  be  determined  by  the 
board  that  he  is  not  a  qualified  voter  in  the  precinct,  then  an 
entry  shall  be  made  in  the  appropriate  column  "No",  and  a 
line  shall  be  drawn  in  red  ink  through  his  name  and  through 
all  the  other  entries  on  the  line  on  which  his  name  is  written, 
but  so  that  the  name  and  said  other  entries  shall  remain  legi- 
ble; and  if  qualified,  and  entry  shall  be  made  in  the  same  col- 
umn "Yes".  4..  Only  persons  constitutionally  qualified  to 
vote  in  the  precinct  at  the  next  election  and  personally  apply- 
ing for  registration  shall  be  registered  as  qualified  voters. 
5.  The  headings  to  the  registry  books  shall  be  so  prepared 
that  the  registry  shall  be  made  alphabetical,  according  to  the 
surname  of  each  person  applying,  and  so  that  the  residence 


14  REGISTRATION  AND  ELECTION  LAWS 

and  postoffice  address  of  such  persons  shall  appear  in  the  first 
column.  The  registers  shall  be  ruled,  and  one  name  shall  be 
written  011  each  line,  but  no  names  shall  be  written  between 
the  lines.  The  entries  shall  be  as  follows:  (A)  Under  the 
column  "residence  and  postoffice  address";  the  name  and 
number  of  the  street,  avenue  or  other  location  of  the  dwelling 
if  there  be  a  definite  number,  and  if  there  shall  not  be  a  num- 
ber, or  if  there  shall  be  duplicate  numbers,  such  clear  and 
definite  description  of  the  place  of  such  dwelling  as  shall  en- 
able it  to  be  readily  ascertained;  if  there  shall  be  more  than 
one  house  at  the  number  given  by  the  applicant  as  his  place 
of  residence,  it  shall  be  stated  in  which  house  he  resides  and 
if  there  be  more  than  one  family  residing  in  said  house,  either 
the  floor  011  which  he  resides,  or  the  number  or  location  of  the 
room  or  rooms  occupied  by  him  shall  be  stated,  every  floor 
below  the  level  of  the  street  or  ground  being  designated  as 
the  basement,  the  floor  upon  or  first  above  such  level  being 
designated  as  the  first  floor,  and  each  floor  above  that  as  the 
second,  or  such  other  floor  as  it  may  be;  in  county  precincts 
it  shall  only  be  necessary  to  give  such  general  description  as 
may  be  sufficient  for  identification.  (B)  Under  the  column 
"name"  the  name  of  the  applicant,  writing  the  surname  first, 
and  full  given  or  Christian  name  after.  (C)  Under  the  col- 
umn "age",  the  age  of  the  applicant.  (D)  Uuder  the  column 
"nativity"  the  State,  country,  empire*  kingdom,  or  dominion 
as  the  facts  shall  be,  (E)  Under  the  column  "color"  the 
words  "white"  or  "colored"  as  the  case  may  be.  (F)  Under 
the  sub-divisions  of  the  general  column,  "terms  of  residence", 
the  period  by  day,  month  or  year  stated  by  the  applicant. 
(G)  Under  the  column  "naturalized",  the  word  "yes"  or 
"no"  or  "native",  as  the  fact  may  be.  (H)  Under  the  col- 
umn "date  of  naturalization",  the  date  of  naturalization,  if 
naturalized.  No  naturalization  papers  need  be  produced  if  a 
majority  of  the  board  are  satisfied  that  for  three  years  next 
preceding  the  applicant  claiming  to  be  naturalized  has  been 
registered  voter  in  this  State,  and  has  actually  voted  on  such 
previous  registration;  but  they  shall  note  his  answers  to  the 
questions,  when  and  in  what  Court  he  was  naturalized,  and 
also  in  the  column  headed  ' '  remarks ' '  where  and  when  he  was 
so  previously  registered.  (J)  Under  the  column  "Court", 
the  designation  of  the  Court  in  which,  if  naturalized,  such 
naturalization  was  had.  (K)  Under  the  column  "qualified 
voter",  the  word  "yes"  if  the  fact  shall  appear  or  be  deter- 
mined by  a  majority  of  the  Board  of  Registry,  or  the  word 
"no",  if  such  fact  be  not  established  to  the  satisfaction  of  a 
majority  of  the  board.  (L)  Under  the  column  "date  of  ap- 
plication", the  month,  day  and  year  when  the  applicant  pre- 
sented himself.  (N)  After  the  answers  of  the  applicant  to 
the  questions  under  the  heads  of  each  and  all  of  the  above- 
mentioned  columns  have  been  properly  entered  by  the  officers 


OF  THE  STATE  OF  MARYLAND.  15 

in  his  presence  in  both  registers,  and  not  until  then  he  shall 
be  asked  to  sign  his  name  upon  the  same  line  under  the  col- 
umn "signature",  in  each  of  them,  and  shall  sign  his  name,  if 
he  can  do  so.  If,  however,  he  shall  state  his  inability  to  do 
so,  or  declines  to  do  so,  the  officers  shall  make  the  entry  * '  can- 
not write7'  or  "declines",  as  the  case  may  be,  in  the  place 
for  such  signature.  The  Board  of  Registry  shall  be  entitled 
to  receive  from  the  officers  having  custody  thereof  the  last 
preceding  registration  books,  for  the  purpose  of  comparison 
and  assistance  in  identification,  and  if  any  one  shall  apply  for 
registration  who  apears  in  such  former  registry  as  disquali- 
fied, his  name  shall  be  entered  in  the  new  registers,  but  he 
shall  be  marked  "disqualified",  unless  such  grounds  of  dis- 
qualification shall  have  been  removed.  At  the  end  of  the  day  rs 
registry  said  officers  shall  compare  the  two  registers  so  kept, 
and  cause  any  errors  in  either  of  them  to  be  corrected,  by  aid 
of  the  entries  in  the  other,  so  as  to  make  the  same  agree  where 
there  is  any  difference  between  them.  Each  of  the  said  offi- 
cers having  the  custody  of  any  of  said  registers  shall  then  sign 
his  name  or  initials  immediately  under  the  last  name  regis- 
tered under  each  letter  in  the  book  kept  by  him,  so  that  no 
new  name  can  be  added  without  discovery.  The  said  Board 
of  Registry  shall  keep,  on  blanks  to  be  provided  for  that  pur- 
pose by  the  Board  of  Supervisors  of  Election,  an  alphabetical 
list  of  names,  addresses  and  color  of  all  persons  registered, 
and  a  separate  list  of  all  persons  refused  registration,  and 
cff  all  persons  whose  names  are  erased  from  the  registry.  In 
the  city  of  Baltimore,  at  the  end  of  each  session,  they  shall 
deliver  these  lists  to  the  police  officers  on  duty  at  the  regis- 
tration office,  and  the  list  shall  be  delivered  by  the  said  officer 
to  the  Police  Board,  and  by  the  Police  Board  to  the  Board  of 
Supervisors  of  Election,  in  the  forenoon  of  the  day  following 
the  said  sitting.  The  Board  of  Supervisors  for  the  city  of 
Baltimore  shall  then  cause  such  list  to  be  printed  in  hand- 
bill form,  in  plain  long  primer  type,  and  copies  thereof  posted 
within  three  days  after  each  session  in  such  manner  that  they 
may  be  easily  read,  in  at  least  ten  prominent  places  in  each 
precinct.  Nothing  in  this  Section  17  shall  affect  the  regis- 
tration in  the  counties  heretofore  made  under  this  Article. 

CHAPTER  202,  ACTS  OF  1896. 

18.  It  shall  be  the  duty  of  the  Board  of  Police  Commission- 
ers of  Baltimore  city,  between  the  first  day  of  September  and 
the  commencement  of  registration  in  each  year,  to  cause  a 
census,  as  nearly  as  possible  accurate,  to  be  made  by  members 
of  the  force  under  their  command,  of  the  legal  voters  resident 
in  each  precinct  of  the  said  city.  The  said  census  shall  give 
the  address  of  each  person  known  or  supposed  by  the  officer 
of  police  taking  it  to  be  a  legal  voter  of  the  city,  and  a  copy 


16  REGISTRATION  AND  ELECTION  LAWS 

thereof  for  their  precinct  shall  be  furnished  by  the  said  Police 
Commissioners  to  each  Board  of  Registry  when  they  meet  on 
the  first  day  of  their  session,  as  hereinbefore  provided.  And 
the  officer  of  police  taking  the  said  census  shall  in  every  ease 
be  assigned  to  duty  at  the  office  of  registration  in  the  precinct 
where  he  took  the  said  census,  unless,  for  reasons  stated  in 
writing  by  the  marshal  of  police,  and  furnished  to  the  Board 
of  Registry  in  question,  such  assignment  shall  be  impractic- 
able or  against  the  public  interest. 

CHAPTER  202,  ACTS  OF  1896. 

19.  Any  voter  shall  be  permitted  to  be  present  at  the  place 
of  registration  in  any  precinct  of  his  county  or  city,  and  shall 
have  the  right  to  challenge  any  applicant,  and  when  chal- 
lenged such  applicant  shall  be  carefully  questioned  by  the 
Board  of  Registry  touching  the  facts  which  entitle  him  to 
register  in  such  precinct,  and  thereupon,  if  a  majority  of  the 
board  is  convinced  that  such  applicant  is  a  qualified  voter,  he 
shall  be  entered  as  qualified.    Any  person  claiming  to  be  a 
voter  of  any  precinct,  and  who,  upon  application,  is  denied 
the  right  to  be  registered  as  a  qualified  voter  in  said  precinct, 
may  make  and  sign  an  application  in  writing,  under  oath,  to 
the  court  as  hereinafter  provided,  in  substance  in  the  follow- 
ing form :     ' '  I,  do  solemnly  swear  that  I 

did,  on ,  make  application  to  the  Board 

of  Registry  of  the precinct  or  district  «f 

the   county,   (or  the   precinct 

of  the ward  of  the  city  of ) , 

and  that  said  board  refused  to  register  me  as  a  qualified  voter 
in  said  precinct;  that  I  am  a  duly  qualified  voter  entitled  to 
vote  in  said  precinct  at  the  next  election." 

CHAPTER  726,  ACTS  OF  1914. 

20.  On  the   Tuesdays,   respectively,   six  and  four  weeks 
preceding  such  regular  election,  and  on  the  Wednesday  next 
following  said  Tuesday,  respectively,  said  Board  of  Registry 
shall  again  meet  at  the  place  designated,  and  shall  remain  in 
session  during  the  hours  prescribed  in  Section  17,  for  the  pur- 
pose of  registering  all  qualified  voters  not  before  registered 
who  shall  apply  in  person  to  be  registered,  and  also,  for  the 
purpose  of  noting  the  names  of  any  persons  on  such  registry 
whom  they  suspect  not  to  be  qualified  voters.    The  same  forms 
shall  be  observed  as  to  the  applications  made  on  these  days 
as  were  required  on  the  former  days  of  registration.     If  any 
voter  of  the  ward  or  county  shall  go  before  the  Board  of  Reg- 
istry during  such  sessions  and  make  oath  that  he  believes  any 
specified  person  upon  such  registry  is  not  a  qualified  voter, 
such  fact  shall  be  noted.     At  the  end  of  the  registration  for 


OF  THE  STATE  OF  MARYLAND.  17 

each  of  these  days  the  registers  shall  be  examined,  compared 
and  made  to  agree,  and  they  shall  then  be  signed  immediately, 
under  the  last  name  registered,  under  each  letter,  in  the  same 
way  as  hereinbefore  provided. 

CHAPTER  133,  ACTS  OF  1902. 

21.  Before  separating  on  the  last  day,  said  Board  of  Reg- 
istry shall  make  out  and  deliver  to  two  of  their  number  of 
opposite  politics,  a  list  of  the  registered  address  of  all  those 
who  have  been  registered  as  qualified  voters,  whom  either  one 
of  the  officers  of  registration  suspects  not  be  qualified  voters, 
or  against  whom  any  voter  of  the  ward  or  county  may  have 
made  complaint,  as  above  provided.     If  said  Board  of  Regis- 
try shall,  however,  know  that  any  person  so  complained  of  is 
a  qualified  voter,  then  such  name  need  not  be  put  upon  the 
list  of  suspected  persons,  unless  required  by  a  member  of  the 
board.    The  officers  of  registration  to  whom  such  list  has  been 
delivered,  shall,  on  or  before  Friday  next  following,  sign  a 
notice,  and  send  the  same  through  the  mail,  duly  stamped,  to 
the  address  as  given  in  the  registry  of  each  person  who  is 
upon  the  suspected  list,  requiring  such  person  to  appear  be- 
fore the  Board  of  Registry  upon  the  Tuesday  following,  giv- 
ing the  time  of  such  session  and  show  cause  why  his  name 
should  not  be  erased  from  such  registers;  proper  blanks  and 
postage  stamps  shall  be  furnished  for  this  purpose  by  the 
Board  of  Supervisors.     A  similar  notice  shall  also  be  served 
by  said  officers  upon  such  person  before  the  following  Tues- 
day and  if  he  cannot  be  found  at  the  place  designated  upon 
said  registers,  the  notice  may  be  left  there,  if  such  place  can 
be  found.    Any  officer  of  registration,  or  other  person  acting 
temporarily  as  such,  as  hereinafter  provided,  who  wilfully 
neglects  to  perform  his  duty  touching  such  scrutiny,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
imprisoned  in  jail,  not  less  than  six  months  nor  more  than 
twelve  months.     In  case  of  temporary  disability  on  the  part 
of  said  officers,  the  Board  of  Registry  may  appoint  a  tempor- 
ary clerk  belonging  to  the  same  party,  and  administer  to  him 
the  usual  oath  of  office,  and  said  temporary  clerk  shall  per- 
form all  the  duties  of  the  office  until  the  disability  of  the  other 
officer  is  removed.    And  it  shall  also  be  the  duty  of  each  of 
the  other  officers  of  registration,  so  far  as  may  be  in  his 
power,  to  inform  himself  as  to  all  persons  whose  names  may 
be  on  such  suspected  list. 

CHAPTER  322,  ACTS  OF  1910. 

22.  In  Baltimore  city  on  the  Saturday  following  the  Tues- 
day four  weeks  preceding  such  regular  election  the  said  Board 
of  Registry  shall  again  meet  at  the  place  designated,  and  shall 


18  REGISTRATION  AND  ELECTION  LAWS 

remain  in  session  during  the  hours  prescribed  in  Section  17  of 
this  Article,  for  the  purpose  only  of  registering  all  qualified 
voters  not  before  registered  who  shall  apply  in  person  to  be 
registered.  The  same  forms  shall  be  observed  as  to  applica- 
tions made  on  this  Saturday  of  registration  as  are  required 
on  the  former  days  of  registration.  At  the  end  of  registration 
on  this  Saturday  registers  shall  be  examined,  compared  and 
made  to  agree,  and  they  shall  then  be  signed,  immediately 
under  the  last  name  registered  under  each  letter,  in  the  same 
way  as  hereinbefore  provided. 


CHAPTER  133,  ACTS  OF  1902. 

23.  On  Tuesday,  three  weeks  preceding  such  regular  elec- 
tion, said  Board  of  Registry  shall  again  meet  at  the  place  des- 
ignated, and  they  shall  remain  in  session  during  the  hours 
prescribed  in  Section  17,  for  the  sole  purpose  of  revising  their 
registry,  and  no  new  name  shall  be  added.  At  the  beginning 
of  the  session,  the  officers  of  registration  to  whom  such  sus- 
pected list  was  delivered  shall  make  affidavit  as  to  the  mailing 
of  the  notices  sent  by  them,  and  to  whom  directed  and  where 
and  as  to  the  personal  service  upon  such  person  or  as  to  the 
leaving  of  the  same  at  his  place  of  residence  so  designated; 
and  if  any  person  to  whom  such  notice  was  sent  shall  appear 
before  the  Board  of  Registry  during  that  session  he  shall  make 
and  sign  an  affidavit  in  substance  as  follows :  "  I  do  solemnly 
swear  that  I  am  a  citizen  of  the  United  States,  and  that  I 

have  resided  in  the precinct  of  the ward 

in  the  city  of  (or district 

of county) ,  in  the  State  of  Maryland, 

from  the day  of up  to  the 

day  of 19 . . . . ,  and  that  I  have  not  since 

acquired  a  legal  residence  giving  me  the  right  to  vote  else- 
where." If  it  is  charged  that  he  has  been  convicted  of  any 
infamous  crime  and  has  not  been  pardoned,  he  shall  further 
make  oath  that  he  has  never  been  so  convicted,  or  if  convicted 
that  he  was  pardoned  at  a  time  stated.  This  affidavit  shall  be 
signed  and  sworn  to  before  one  of  such  Board  of  Registry, 
and  it  shall  be  preserved  and  filed  in  the  office  of  the  said 
Board  of  Supervisors  of  Elections.  Thereupon  said  Board 
of  Registry  shall  further  examine  him,  and  shall  also  swear 
the  officer  of  registration  who  has  made  the  inquiry,  and  hear 
him  upon  the  question,  and  they  shall  also  have  the  power  to 
examine  on  oath  any  other  witness  that  may  appear  or  be 
produced  before  them  in  regard  to  the  matter,  and  make  any 
further  examination  or  inquiry  that  they  may  deem  proper; 
and  if  after  such  further  examination  and  hearing  the  major- 
ity of  said  board  are  of  the  opinion  that  such  person  is  not  a 
qualified  voter  in  such  precinct,  they  shall  draw  a  line  in  red 


OF  THE  STATE  OF  MARYLAND.  19 

ink  through  his  name  and  through  all  other  entries  on  the 
line  on  which  said  name  is  written,  but  so  that  the  name  and 
said  other  entries  shall  remain  legible,  which  memorandum,  in 
case  of  any  registration  shall  indicate  that  the  name  of  such 
person  is  erased  from  the  registry  and  such  person  shall  not 
be  entitled  to  vote  unless  his  name  is  restored  as  hereinafter 
provided.  During  the  last  hour  of  said  session  if  any  person 
so  notified  to  appear  at  such  session,  has  not  yet  appeared  and 
vshown  cause  why  his  name  should  not  be  erased  from  the  reg- 
istry the  name  shall  be  so  erased  in  the  manner  aforesaid,  un- 
less a  majority  of  the  board  are  satisfied  of  their  own  knowl- 
edge or  upon  competent  testimony  that  such  person  is  entitled 
to  have  his  name  retained  on  the  registry ;  and  under  the  head 
of  "  Remarks ",  opposite  each  name  erased,  shall  be  stated  the 
facts  as  to  such  erasure,  the  date  of  the  making  the  same,  and 
the  grounds  and  evidence  011  which  it  is  made. 

CHAPTER  723,  ACTS  OF  1914. 

24.  At  the  end  of  the  last  session  above  provided  for,  the 
said  Board  of  Registry  shall  compare  and  correct  the  two  reg- 
isters and  make  them  agree,  and  the  officers  having  them  re- 
spectively, in  their  custody,  shall  then  immediately  under  the 
last  name  registered  under  each  letter  of  the  registers  sign 
their  names,  so  that  no  other  names  can  be  added  without  dis- 
covery ;  all  of  said  officers  of  registration  shall  then  subscribe, 
at  the  end  of  each  register,  a  certificate  in  substance,  in  the 
words  following:  "We,  the  undersigned,  constituting  the 

Board  of  Registry  in   [ ]   precinct  or  district 

of   county,   (or  in   precinct  of 

the ward  of  the  city  of ,  in 

the  State  of  Maryland,  do  jointly  and  severally  certify  that 
at  the  general  registration  of  voters  in  said  precincts,  closed 
on  this day  of they  were  reg- 
istered by  us,  in  said  precinct,  the  names  which  in  this  book 
are  entered,  and  that  the  number  of  registered  and  qualified 

voters  was  and  is  the  number  of " 

(Signature.) 

Date 

During  the  next  day  the  Board  of  Registry  shall  return  the 
two  registers  to  the  Board  of  Supervisors  of  Elections,  and  in 
the  counties  the  said  Board  of  Registry  shall,  at  the  same  time, 
return  the  alphabetical  list  of  names,  colorand  addresses  of 
the  persons  registered  and  erased  by  them,  and  in  Baltimore 
city  the  Boards  of  Registry  shall,  at  the  same  time,  return  the 
lists  made  by  them  at  their  last  session ;  and  the  said  Boards 
of  Supervisors  shall  at  once  cause  said  alphabetical  lists  to  be 
printed  in  hand-bill  form  in  long  primer  type,  and  copies 
thereof  posted,  within  three  days  after  the  return  of  said  lists, 
as  aforesaid,  in  such  manner  that  they  may  be  easily  read,  in 


20  REGISTRATION  AND  ELECTION  LAAVS 

at  least  ten  prominent  placed  in  the  respective  precincts.  The 
Board  of  Supervisors  in  the  city  of  Baltimore  and  in  the  sev- 
eral counties  shall  cause  to  be  printed  at  least  ten  extra  copies 
of  all  the  hand-bills  prepared  by  them,  respectively,  under 
this  Article,  and  as  many  more  copies  as  may  be  required  to 
supply  all  demands  for  any  of  them  made,  with  the  tender  of 
the  price  before  the  printing  thereof,  which  copies  they  shall 
sell  to  the  public  at  five  cents  per  copy,  the  proceeds  of  said 
sales  to  be  applied  towards  paying  the  expenses  of  printing 
the  same.  The  said  Boards  of  Supervisors  shall  furnish  to 
any  one  making  written  application  therefor,  within  ten  days 
after  such  application  has  been  received,  or  in  less  time,  if 
practicable,  a  certified  copy,  under  their  hands,  of  the  names, 
addresses,  color  and  ages  of  all  persons  registered  in  any  ward 
in  said  city,  or  in  any  election  precinct,  or  district  of  said 
county,  for  the  sum  of  fifteen  dollars  per  ward  in  said  city, 
and  two  dollars  for  a  single  precinct,  and  for  the  sum  of  half 
a  cent  for  each  voter's  name  on  said  registry  in  the  counties, 
which  said  sum  shall  be -applied  towards  paying  the  expenses 
of  making  said  certified  copies.  It  shall  be  the  duty  of  the 
said  supervisors  to  make  proper  provisions  in  advance;  so 
that  they  will  be  able  to  make  arid  furnish  such  copies  when 
ordered,  as  hereinbefore  required.  But  the  provisions  of  this 
section  in  reference  to  the  posting  of  copies  of  the  alphabeti- 
cal list  of  registered  voters  shall  not  apply  to  Baltimore  city ; 
and  in  the  city  of  Baltimore  printed  copies  of  the  list  of  reg- 
istered voters  shall  be  kept  in  the  office  of  the  Board  of  Super- 
visors of  Elections  and  open  to  the  inspection  of  the  public. 

CHAPTER  202,  ACTS  OF  1896. 

25.  Any  person  who  feels  aggrieved  by  the  action  of  any 
Board  of  Registry  in  refusing  to  register  him  as  a  qualified 
voter,  or  in  erasing  or  mis-spelling  his  name,  or  that  of  any 
other  person  on  the  register,  or  in  registering  or  failing  to 
erase  the  name  of  any  fictitious,  deceased  or  disqualified  per- 
son, may  at  any  time,  either  before  or  after  the  last  session  of 
the  Board  of  Registry,  but  not  later  than  the  Saturday  next 
preceding  the  election,  if  in  the  city  of  Baltimore,  and  not 
later  than  the  Tuesday  next  preceding  the  election,  if  in  the 
counties,  file  a  petition,  verified  by  affidavit,  in  the  Circuit 
Court  for  the  county,  or  if  the  cause  of  complaint  arises  in 
Baltimore  city,  in  any  court  of  Baltimore  city,  setting  forth 
the  ground  of  his  application,  and  asking  to  have  the  registry 
corrected.  The  court  shall  forthwith  set  the  petition  for  hear- 
ing, and  direct  summons  to  be  issued  requiring  the  Board  of 
Registry  to  attend  at  the  hearing  or  by  counsel ;  and  when  the 
object  of  the  petition  is  to  strike  off  the  name  of  any  person 
alleged  to  be  fictitious,  deceased  or  disqualified,  summons  shall 
also  be  issued  to  such  person,  which  shall  be  served  by  the 


OF  THE  STATE  OF  MARYLAND.  21 

Sheriff  within  the  time  therein  designated,  at  his  place  of  resi- 
dence given  in  the  registry.  If  the  petition  shall  allege  that 
any  person  registered  in  any  precinct  does  not  reside  in  such 
precinct,  it  shall  be  sufficient  for  the  petitioner  to  show  that 
the  person  to  whose  registration  he  objects  did  not  at  the  time 
when  he  was  so  registered  reside  at  the  particular  house  or 
place  described  as  his  residence  on  the  registry ;  but  the  per- 
son to  whose  registration  objection  is  so  made,  shall  have  the 
right  to  show  by  affirmative  proof  that,  although  he  may  not 
have  had  a  legal  residence  at  the  place  described  by  him  as 
his  residence  at  the  time  of  his  registration,  he  had  at  such 
time  a  legal  residence  in  the  said  precinct.  In  determining 
whether  any  person  is  or  is  not  a  resident  of  any  voting  pre- 
cinct, it  shall  be  presumed  that  if  a  person  is  shown  to  have 
acquired  a  residence  in  one  locality,  he  retains  the  same  until 
it  is  affirmatively  shown  that  he  has  acquired  a  residence  in 
another  locality,  and  it  shall  also  be  presumed  that  if  a  person 
is  shown  not  to  reside  at  the  dwelling  given  in  the  entries,  re- 
lating to  him  on  the  registration  books,  he  is  not  a  resident  of 
the  said  precinct,  unless  it  should  be  affirmatively  shown  that 
he  is  such  a  resident,  and  the  entries  made  in  such  registra- 
tion books  shall  not  be  considered  by  the  court  as  evidence  of 
any  fact  therein  stated,  but  the  case  shall  be  heard  de  novo. 
At  the  hearing,  evidence,  subject  only  to  the  ordinary  rules 
of  evidence  (as  modified  by  the  provisions  of  this  section) 
may  be  introduced  for  or  against  the  application,  and  the 
judge  shall  dispose  of  the  matter  summarily,  by  granting  or 
refusing  the  order  pra}red,  and  the  clerk  of  the  court  shall 
make  a  minute  of  the  proceedings.  The  costs  of  proceedings 
in  all  such  appeal  cases  shall  from  and  after  the  passage  of 
this  Act  be  one-half  of  those  provided  for  and  usual  under  ex- 
isting law.  If  the  Board  of  Registry  shall  have  returned  the 
registers  to  the  Supervisors  of  Elections,  a  certified  copy  of 
any  such  order  granted  by  the  court  shall  be  delivered  to  said 
supervisors,  who  shall  thereupon  make  the  required  correc- 
tion upon  the  proper  registers,  and  under  the  head  of  "re- 
marks", note  that  the  same  was  made  under  such  order  of  the 
court.  The  court  may  enforce  any  such  order  by  attachments 
as  in  proceedings  for  contempt.  No  person  admitted  to  the 
registry  by  the  order  of  court  shall  be  protected  by  such  order 
if  prosecuted  for  false  registration  or  false  voting.  In  all  such 
cases,  the  petitioner  may  be  represented  by  counsel  and  in  dis- 
posing of  the  petition  the  court  shall  have  discretion  to  impose 
the  costs  upon  the  petitioner,  the  County  Commissioners  or 
the  Mayor  and  City  Council  of  Baltimore,  or  the  Board  of 
Registry,  or  any  member  or  members  thereof,  as  justice  and 
equity  may  require;  but  no  attorney's  appearance  fee  shall 
be  taxed  as  part  of  such  costs.  In  Baltimore  city  the  Supreme 
Bench  shall,  from  time  to  time,  assign  a  judge  or  judges  be- 
fore whom,  or  any  to  whom,  such  petitions  shall  be  heard,  and 


22  REGISTRATION  AND  ELECTION  LAWS 

neither  party  shall  have  any  right  of  removal.  Exceptions 
may  be  taken  to  any  ruling  of  the  court  at  the  hearing  of  any 
such  petition  and  appeal  allowed  to  the  Court  of  Appeals,  as 
in  other  cases ;  all  such  appeals  shall  be  taken  within  five  days 
from  the  date  of  the  decision  complained  of.  and  shall  be 
heard  and  decided  by  the  Court  of  Appeals  as  soon  after  the 
transmission  of  the  record  as  may  be  practicable. 

CHAPTER  236,  ACTS  OF  1910. 

26.  In  the  counties  a  new  general  registration  shall  be 
made  by  each  Board  of  Registry  in  the  year  1914.  such  new 
general  registration  shall  be  made  in  the  same  way,  at  the 
same  time,  and  under  the  same  rules  and  provisions  in  all  re- 
spects as  are  in  this  Article  made  for  the  first  general  regis- 
tration ;  and  the  respective  Boards  of  Supervisors  of  Elections 
in  the  several  counties  are  hereby  authorized  and  required  to 
furnish,  whenever  in  the  judgment  of  said  Board  it  may  be 
necessary  or  expedient,  new  books  of  registry  for  use  in  any 
of  the  districts  or  precincts  in  the  said  several  counties,  for 
the  transcribing  of  the  names  of  qualified  voters  residing 
therein  from  the  registration  books  in  use.     The  said  trans- 
cribing shall  be  done  in  the  office  of  the  Board  of  Supervisors 
of  Elections  by  two  clerks  to  be  selected,  one  by  the  supervis- 
ors representing  the  majority  party  and  one  by  the  super- 
visor representing  the  chief  minority  party,  as  the  said  par- 
ties are  now  constituted  in  this  State.    The  transcribing  shall 
be  done  by  the  said  clerks,  both  present  at  the  same  time,  and 
new  books,  after  being  transcribed,  shall  correspond  in  all  re- 
spects, and  if  they  do  not  correspond  at  the  conclusion  of  the 
work  or  if  any  error  in  the  transcribing  be  alleged  to  exist, 
either  of  said  clerks  or  any  citizen  or  voter  in  any  of  said 
counties  may  file  a  petition  in  the  Circuit  Court  within  twenty 
days  after  said  work  is  finished,  naming  the  said  two  clerks 
and  the  Board  of  Supervisors  of  Elections  as  defendants,  and 
the  said  court  shall  have  the  power  to  make  such  order  for 
correction  of  said  books  as  may  be  proper ;  any  political  party 
that  polled  more  than  one  per  cent  of  the  votes  cast  at  the  last 
election  may,  through  its  political  committee,  if  it  has  one,  or 
by  citizens  representing  the  said  party,  if  there  be  110  political 
committee,  name  a  watcher  and  substitute  watcher,  who  shall 
be  permitted  to  attend  at  the  transcribing  of  said  names  and 
have  power  to  examine  the  said  books  during  the  sittings  of 
the  said  clerks  for  the  said  work  and  for  a  period  of  five  days 
thereafter,  in  the  presence  of  said  Board  of  Supervisors. 

CHAPTER  724,  ACTS  OF  1914. 

27.  In  the  city  of  Baltimore  there  shall  be  a  general  regis- 
tration in  the  year  1910,  and  biennially  thereafter.     Before 


OF  THE  STATE  OF  MARYLAND.  23 

the  November  election  in  the  year  1911  and  in  every  alternate 
year  thereafter,  the  last  general  registration  shall  be  revised 
by  the  Board  of  Registry  in  each  precinct  where  such  election 
was  to  be  held,  and  for  that  purpose  a  Board  of  Registry  shall 
meet  on  the  Tuesdays,  respectively,  six  and  four  weeks 
preceding  the  regular  election  in  November,  and  on  the  Sat- 
urday next  following  the  fourth  Tuesday  preceding  the  regu- 
lar election,  and  shall  hold  a  session  from  12  o'clock,  M.,  to  10 
o'clock,  P.  M.,  and  names  may  be  added  to  the  registers  in  the 
same  way,  upon  sworn  application,  as  in  the  case  of  a  general 
registration,  and  all  the  same  forms  and  requirements  shall  be 
observed.  If  it  shall  appear  that  any  applicant  had  been 
upon  the  registers  in  any  other  precinct  in  the  city  of  Balti- 
more at  any  time  since  the  beginning  of  the  last  general  regis- 
tration for  such  precinct,  his  name  shall  not  be  added  to  the 
registers  when  application  is  made  until  he  produces  a  certifi- 
cate of  removal  given  him  by  the  Board  of  Registry  for  such 
other  precinct,  which  certificates  shall  be  in  substance  as  fol- 
lows : precinct, ward.  This  is  to 

certify  that  the  name  of ,  heretofore  residing 

at ,  in  this  precinct,  has  been  stricken  from 

the  registry  of  the  precinct  and  proper  erasures  made,  and 
that  upon  the  registers  of  this  precinct,  the  following  entries 

appear  with  reference  to  him :    Name, ; 

age, ;  color, ;  residence, 

nativity, ;  time  of  residence  in  precinct, ; 

time  of  residence  in  city,  ;  time  of  residence  in 

State,   ;  naturalized, ;  date  of 

papers, ;  Court.  ;  quali- 
fied,   ;  voter,  ;  ^date  of  applica- 
tion,   


Board  of  Registry. 

The  foregoing  certificate  shall  be  granted  by  the  Board  of 
Registry  when  in  session,  under  the  following  regulations; 
that  is  to  say,  if  at  the  time  of  application  for  said  removal 
certificate  is  made  the  name  of  said  voter  is  alreadyy  erased 
from  the  registers,  then  it  shall  be  the  duty  of  the  said  Board 
of  Registry  to  grant  the  certificate  to  the  voter  himself  or  to 
any  other 'person  making  application  therefor,  but  if  at  the 
time  such  application  is  made,  the  name  of  the  voter  be  still 
upon  the  registers  of  voters  as  a  qualified  voter,  the  re- 
moval certificate  shall  be  granted  and  the  name  stricken  off 
only  upon  the  personal  appication  of  such  voter  to  the  said 
Board  of  Registry,  and  after  his  taking  and  subscribing  an 
oath  as  follows: 


iM  REGISTRATION  AND  ELECTION  LAWS 

"I, ;  do  solemnly  swear  (or  affirm)  that  I 

now  reside  at ,  in  the  city  of 

county of ;  that  I  am  the  same  person 

who  is  entered  by  that  name  as  a  qualified  voter  in  the  regis- 
ters of  the precinct  of  the 

city :  that  I  have  removed  from  said  last-mentioned  residence, 
and  I  do  request  that  the  proper  entries  and  records  be  made 
and  that  my  name  be  erased  from  the  registers  of  said  last- 
mentioned  precinct,  and  that  a  certificate  of  removal  be  fur- 
nished me  at  this  time. ' ' 

The  foregoing  affidavit  shall  be  written  or  printed  on  tii»- 
back  of  such  certificate  of  removal  and  when  presented  to  the 
Board  of  Registry  in  the  precinct  in  which  such  applicant  re- 
sides, it  shall  be  taken  by  said  Board  and  returned  to  the  office 
of  the  Supervisors  of  Elections.  When  such  certificate  shall 
be  granted  by  the  Board  of  Registry  the  name  of  such  applica- 
caiit  shall  be  erased  from  the  registers  of  the  precinct  from 
which  he  removed.  At  the  end  of  each  such  sessions  the  reg- 
isters shall  be  made  to  agree  where  there  is  any  difference  be- 
tween them,  and  then,  the  officers  of  registration  having  the 
custody  thereof  shall  sign  their  names  or  initials  in  their  re- 
spective registry  books  immediately  under  the  last  name  reg- 
istered under  each  letter  on  said  registers  so  that  no  new  name 
can  be  added  thereto  without  discovery.  It  shall  be  the  duty 
of  the  Board  of  Registry,  after  the  close  of  each  session  to 
note  for  erasure  from  such  registers  the  names  of  all  persons 
known  or  supposed  to  be  dead  and  the  names  of  all  persons, 
who  are  suspected  of  being  disqualified  under  Sections  2  and 
3  of  Article  1  of  the  Constitution  of  the  State,  and  the  names 
of  all  persons  who  are  suposed  to  have  removed  from  such 
precinct  and  have  not  taken  out  removal  papers  and  of  all 
persons  who  are  suspected  to  be  otherwise  disqualified  as 
voters,  and  they  shall,  before  separating,  make  out  a  list  of  all 
persons  so  noted  for  erasure  with  the  address  as  the  same  ap- 
pears upon  the  registers.  In  making  out  such  list  said  Board 
of  Registry  shall  treat  as  persons  suspected  of  not  being  quali- 
fied voters  all  persons  against  whom  a  sworn  complaint  is  filed 
by  any  voter  in  the  ward.  Such  complaint  shall  be  as  fol- 
lows :  ,  a  voter  of ward,  do 

solemnly  swear  that  I  believe  who  professees 

to  reside  at is  not  a  qualified  voter  in 

the precinct  of  the ward, 

on  the  ground  (here  state  the  reason).  If  a  majority  of  the 
Board  know,  or  are  satisfied  that  such  complaint  is  untrue 
they  need  not  note  such  name  for  erasure  unless  required  by 
a  member  of  the  Board.  Said  list  shall  be  arranged  under  the 
following  headings:  "Disqualified  Voters",  under  which  shall 
be  placed  the  names  of  persons  suspected  to  be  disqualified 
under  Sections  2  and  3  of  Article  i  of  the  Constitution,  or 


OF  Tin.  STATF:  OF  MARYLAND.  '_!"> 

otherwise:  'Deceased  Voters",  under  which  shall  be  placed 
all  who  are  known  or  supposed  to  be  dead;  "Removed",  un- 
der which  shall  be  placed  all  who  are  known  or  supposed  to 
have  removed  from  their  last  address. 

On  each  of  the  Tuesdays  before  separating  said  Board  of 
Registry  shall  make  out  and  deliver  to  two  of  their  number, 
of  opposite  politics,  a  list  of  the  registry  addresses  of  all  those 
whose  names  are  011  the  registers  of  voters  as  qualified  voters 
whom  the  officers  of  registration  in  accordance  with  the  fore- 
going provisions  of  this  section  have  noted  for  erasure.  The 
said  two  officers  of  registration  to  whom  such  list  is  delivered 
shall  thereupon  proceed  in  respect  thereto  as  the  provisions 
of  Section  21  of  this  Article  direct.  On  each  of  the  Tuesdays, 
respectively,  six,  and  four  weeks  preceding  the  regular 
election  in  November,  the  Board  of  Registry  in  each  precinct, 
shall,  at  the  beginning  of  the  session  receive  the  report  of  the 
said  two  officers  of  registration  to  whom  the  aforesaid  list  was 
delivered  at  the  last  preceding  session  and  shall  proceed  in 
regard  thereto  as  directed  by  the  provisions  of  Section  21  of 
this  Article. 

The  Board  of  Registry  shall  again  meet  for  revision  only  on 
the  Tuesday  three  weeks  before  said  election  and  a  session 
shall  be  held  between  the  hours  of  12  o'clock,  M.,  and  10 
o  'clock.  P.  M.  The  Board  of  Registry  at  this  session  shall  add 
no  new  names  to  the  registers  of  voters,  but  shall  proceed  as 
the  provisions  of  Section  21  of  this  Article  direct. 

CHAPTER  285,  ACTS  OF  1908. 

28.  All  persons  whom,  prior  to  the  passage  of  the  Act  of 
1901,  Chapter  2  (March  21,  1901),  shall  have  vacated  or  re- 
moved from,  or  have  gone  with  their  parents  from  the  place 
of  their  actual  abode,  domicile,  dwelling  place  or  habitation 
within  this  State,  and  shall  have. taken  a  domicile,  dwelling 
place,  abode  or  habitation  out  of  this  State,  shall  be  conclu- 
sively presumed  to  have  thereby  intended  to  abandon  their 
legal  residence  in  this  State,  and  to  have  surrendered  their 
right  to  registration  as  legal  voters  in  this  State,  unless  within 
thirty  days  after  the  passage  of  this  Act  they  shall  go  in  per- 
son before  the  clerk  of  the  Circuit  Court  for  the  county  from 
which  they  shall  have  so  removed,  or  before  the  clerk  of  the 
Superior  Court  of  Baltimore  City,  if  their  removal  shall  have 
been  from  said  city,  and  make  and  acknowledge  before  such 
clerk  an  affidavit  that  when  they  so  removed  they  did  not  in- 
tend to  change  their  legal  residence  within  the  State,  but  tha.t 
they  had  a  fixed  purpose  to  return  at  a  definite  time,  and  that 
they  intend  to  return  to  this  State  and  take  up  their  actual 
domicile  and  habitation  therein,  on  or  before  six  months  next 
preceding  the  Tuesday  after  the  first  Monday  of  November 


26  REGISTRATION  AND  ELECTION  LAWS 

next  succeeding  the  making  of  such  affidavit.  The  form  of 
such  affidavit  shall  be  substantially  as  follows :  State  of  Mary- 
land,   county,  or  city  of  Baltimore,  Set.  I  hereby 

certify  that  on  this day  of 19 ... 

before  the  subscriber,  Clerk  of  the  Circuit  Court  for 

county  (or  of  the  Superior  Court  of  Baltimore  City),  person- 
ally appeared and  made  oath  or  affirmation 

in  due  form  of  law,  that  up  to  the  day  of  or  thereabouts  he 
was  an  actual  resident  and  inhabitant  of  the  election  district 

of county,  or  of  the  precinct  of  the 

ward  of  the , legislative  district  of  Balti- 
more city,  that  on  or  about  the day  of 

he  removed  from  his  said  domicile  or  place  of  residence  in  said 
county  or  city,  and  took  up  his  domicile,  habitation,  dwelling 
place  or  abode  out  of  the  State  of  Maryland,  to-wit :  (in  here 
insert  minute  and  definite  description  of  the  place  of  abode  : 
that  when  he  so  removed  out  of  the  State  he  had  a  fixed  and 
definite  purpose  to  return  thereto  by  a  certain  time,  and  that 
he  did  not  intend  by  such  removal  to  change  his  residence 
within  the  State,  or  to  return,  or  not  to  return  to  this  State, 
as  circumstances  thereafter  might  make  expedient:  sworn  to 
before  me  (signature  of  clerk,  seal  of  court)  ;  and  unless  the 
persons  respectively  making  such  affidavit  shall  actually  re- 
turn to  this  State,  and  shall  actually  take  up  their  abode,  do- 
micile or  habitation  therein,  six  months  before  the  Tuesday 
after  the  first  Monday  in  November  next  preceding  the  mak- 
ing of  said  affidavit,  they  shall  be  conclusively  presumed  to 
have  lost  their  legal  residence  therein,  and  shall  not  be  entitled 
to  registration  therein  as  legal  voters,  and  officers  of  registra- 
tion shall  strike  off  their  names  from  the  registry  if  they  be  en- 
tered thereon;  and  after  the  passage  of  Act  of  190T.  Chapter 
2.  all  persons  who  shall  vacate  and  remove  from  the  place  of 
their  actual  domicile,  abode,  dwelling  place  of  habitation 
within  this  State,  and  shall  take  up  a  domicile,  abode,  dwell- 
ing place  or  habitation  out  of  this  State,  shall  be  conclusively 
presumed  to  have  lost  their  residence  in  this  State,  and  shall 
in  consequence  thereof,  become  disqualified  to  vote  unless  at 
or  about  the  time  of  such  removal,  or  within  ten  days  there- 
after they  shall  go  in  person  before  the  clerk  of  the  Circuit 
Court  for  the  county  from  which  they  shall  so  remove,  or  be- 
fore the  clerk  of  the  Superior  Court  of  Baltimore  City,  if  such 
removal  be  from  said  city,  and  shall  make  and  acknowledge 
before  him  an  affidavit  declaring  that  notwithstanding  such 
removal  from  their  domicile,  abode,  dwelling  place  or  habita- 
tion, they  do  not  intend  thereby  to  change  their  legal  resi- 
dence, but  that  they  have  a  fixed  and  definite  purpose  to  re- 
turn to  this  State  on  or  before  six  months  preceding  the  next 
succeeding  election  in  November.  The  form  of  such  affidavit 
shall  be  as  follows:  State  of  Marvland.  city  or  countv  of 


OF  THE  STATE  OF  MARYLAND.  27 

,  Set :    I  hereby  certify  that  on  this day 

of before  the  subscriber,  clerk  of  the  Circuit 

Court  for County  (or  Superior  Court  of  Bal- 
timore City)  personally  appeared  and  made 

oath  (or  affirmation)  in  due  form  of  law,  that  on  or  about  the 

day  of he  vacated  and  removed  from  his 

habitation,  dwelling  place,  domicile  or  abode,  in  the 

precinct  of  the election  district  of 

county  (or  of  the ward  in  the legisla- 
tive district  of  Baltimore  city)  and  took  up  abode  out  of  the 
State.  (Here  insert  particular  designation  of  such  new  abode 
by  election  district,  precinct,  ward,  street  and  number  when- 
ever practicable)  ;  that  notwithstanding  such  removal  he  does 
not  intend  thereby  to  change  his  residence,  but  that  he  has  a 
fixed  and  definite  purpose  to  return  to  this  State  on  or  before 
six  months  preceding  the  next  succeeding  election  in  Novem- 
ber; sworn  to  before  me  (signature  of  clerk,  seal  of  court). 
And  if  the  persons  making  such  affidavits,  shall  fail  so  to  re- 
turn and  take  up  their  actual  abode,  domicile,  dwelling  place 
and  habitation  in  this  State  on  or  before  six  months  next  pre- 
ceding such  November  election  they  shall  be  conclusively  pre- 
sumed to  have  abandoned  such  declared  intention,  and  shall 
thereupon  become  disqualified  to  vote  in  this  State,  and  the 
officers  of  registration  shall  refuse  to  register  them  as  quali- 
fied voters,  or  shall  strike  off  their  names  from  the  registry  if 
their  names  be  entered  thereon.  The  clerk  before  whom  such 
affidavit  shall  be  made  shall  retain,  index  and  record  the  same, 
and  shall  be  entitled  to  demand  and  receive  for  each  affidavit 
sworn  the  sum  of  thirty  cents,  and  for  indexing  andrecording 
the  affidavit  and  acknowledgment  thereto,  the  same  compen- 
sation as  allowed  by  law  for  indexing  and  recording  deeds; 
such  costs  to  be  paid  to  said  clerks  by  the  County  Commis- 
sioners and  Mayor  and  City  Council  of  Baltimore,  respec- 
tively. Such  affidavit  shall  not  be  admissible  in  evidence  as 
evidence  of  the  right  of  the  persons  making  the  same  to  regis- 
tration unless  they  are  recorded  within  five  days  from  the 
date  of  the  acknowledgments  thereto,  and  a  duly  certified 
copy  thereof  shall  be  receivable  in  evidence  in  the  same  man 
ner  as  a  certified  copy  of  a  deed.  False  swearing  in  any  of 
such  affidavits  shall  be  deemed  to  be  perjury,  and  shall  be 
punishable  as  perjury  is  punishable  by  the  Code  of  Public 
General  Laws,  Article  27.  title  "Crimes  and  Punishments", 
sub-title  "Perjury".  Said  officers  of  registration  shall  re- 
quire the  production  of  such  affidavits  duly  recorded,  or  a 
duly  certified  copy  thereof  in  all  cases  where  they  have  reason 
to  suspect  that  the  person  applying  to  be  registered  as  a 
qualified  voter  has  lost  his  residence  by  reason  of  his  removal 
from  the  State,  as  hereinbefore  mentioned ;  and  they  may  also 
in  such  cases  put  any  question  which  they  may  deem  proper 


28  REGISTRATION  AND  ELECTION  LAWS 

to  such  applicant  concerning  the  place  where  he  dwelt  in  the 
county  or  legislative  district  before  such  removal  out  of  the 
State,  his  occupation  before  such  removal  and  since  the  time 
when  he  so  removed,  and  when  he  returned,  and  all  other  per- 
tinent facts  and  circumstances  touching  the  right  of  such  per- 
son to  be  registered,  and  they  may  require  the  truth  of  the 
answers  of  all  persons  to  such  questions  to  be  corroborated  by 
independent  evidence,  if,  in  their  discretion  they  shall  think 
proper,  and  if  in  answer  to  their  questions  or  upon  testimony 
produced  before  them,  it  shall  appear  to  their  satisfaction  that 
the  person  applying  to  be  registered  had  left  the  State  with- 
out any  intention  of  returning,  or  with  the  intention  of  re- 
turning at  some  indefinite  time  in  the  future,  he  shall  not  be 
entitled  to  be  registered  as  a  legal  voter;  provided,  however, 
that  this  section  shall  not  apply  to  United  States  Senators 
and  Representatives  in  Congress  from  Maryland,  nor  to  any 
judge  or  justice  of  any  court  of  the  United  States,  in  case 
such  judge  or  justice  was  at  the  time  of  his  appointment  to 
such  office,  or  thereafter  became,  a  registered  voter  of  the 
State  of  Maryland,  during  such  period  as  said  judge  or  jus- 
tice shall  continue  in  the  service  of  the  United  States  .  Any 
officer  of  registration  who  shall  fail  or  refuse  to  perform  the 
duty  imposed  upon  him  by  this  section  shall  be  subject  to  the 
penalties  imposed  by  Section  94  of  this  Article. 

CHAPTER  133,  ACTS  OF  1902. 

29.  All  persons  who  after  the  passage  of  the  Act  of  1902. 
eh.  133  (March  29,  1902),  shall  remove  into  any  county  of 
tl'is  State  or  into  the  city  of  Baltimore  from  any  other  State, 
District  or  Territory,  shall  indicate  their  intent  to  become 
citizens  and  residents  of  this  State  by  registering  their  names 
in  a  suitable  record  book  to  be  procured  and  kept  for  the  pur- 
pose by  the  clerk  of  the  Circuit  Court  for  the  several  coun- 
ties, and  by  the  clerk  of  the  Superior  Court  of  Baltimore 
City ;  such  record  to  contain  their  names,  residence,  age  and 
occupation ;  and  the  intent  of  such  persons  to  become  citizens 
and  residents  of  this  State  shall  date  from  the  day  on  which 
such  registry  shall  be  so  entered  in  such  record  book  by  the 
clerk  of  the  Circuit  Court  for  the  county,  or  of  the  Superior- 
Court  of  Baltimore  City,  as  the  case  may  be,  into  which  coun- 
ty or  city  such  person  shall  so  remove  from  any  other  State, 
District  or  Territory.  And  no  person  coming  into  this  State 
from  any  other  State,  District  or  Territory  shall  be  entitled 
to  registration  as  a  legal  voter  of  this  State  until  one  year 
after  his  intent  to  become  such  legal  voter  shall  be  thus  evi- 
denced by  such  entry  in  such  record  book,  and  such  entry  or 
a  duly  certified  copy  thereof  shall  be  the  only  competent  and 
admissible  evidence  of  such  intent.  And  the  clerk  of  the  Su- 


OK  THE  ST\TI:  OF  MARYLAND.  29 

perior  Court  of  Baltimore  City  and  of  the  several  courts  of 
the  several  counties  shall  immediately,  upon  the  passage  of 
this  Act,  procure  a  suitable  record  book  for  the  recording 
therein  of  such  entries  arranged  alphabetically  under  the 
names  <>i'  such  persons.  For  every  person  so  registered  under 
the  pro  visions  of  this  section  they  shall  be  entitled  to  demand 
,-ui(l  receive  the  sum  of  twenty -five  cents,  to  be  paid  to  said 
clerks  by  the  Mayor  and  City  Council  of  Baltimore  and  the 
County  Commissioners  respectively.  A  copy  of  such  record 
duly  certified  by  said  clerk  shall  be  evidence  of  the  right  of 
such  person  to  registration  as  legal  voters  according  to  law. 
and  each  person  so  registered  shall  be  entitled  to  such  certified 
copy  upon  demand  without  charge. 

(The  following  provisions  of  Section  29 A  apply  only  to 
Cecil.  Caroline,  Frederick  and  Prince  George's  counties.) 

CHAPTERS  223,  534,  541  AND  573,  ACTS  OF  1914. 

Sec.  29A.  Declarations  of  Intentions  mentioned  in  the  pre- 
ceding section  may  in  Frederick  county  as  an  alternative  me- 
thod of  making  said  Declaration,  be  made  before  the  Board 
of  Registry  when  in  session  of  the  election  district  or  precinct 
in  which  the  Declarant  intends  to  reside,  and  be  entered  by 
said  Board.  Said  entry  to  be  made  by  said  Board  of  Regis- 
try on  blanks  to  be  furnished  by  the  Board  of  Supervisors  of 
Election  of  said  county,  said  blanks  to  be  headed  as  follows: 
"Certificate  of  Declaration  of  Intention/7  and  said  entry  to 
'•ontmn  the  name,  the  age.  the  residence,  the  occupation  and 
the  color  of  the  Declarant  and  also  the  date  of  application  be- 
fore said  Board.  Said  certificates  shall  be  signed  by  both 
members  of  said  Board  of  Registry,  and  one  of  said  certificates 
shall  be  furnished  by  said  Board  of  Registry  to  the  Declarant 
without  charge,  and  the  other  certificate  shall  be  forwarded 
by  said  Board  to  the  Clerk  of  the  Circuit  Court  for  said 
county,  to  be  recorded  by  said  Clerk  in  a  record  book  to  be 
kept  by  him  for  that  purpose,  for  which  recording  the  said 
Clerk  shall  receive  the  sum  of  fifteen  cents  for  each  certificate 
so  recorded,  to  be  paid  by  the  County  Commissioners  of  said 
county,  and  said  Board  of  Registry  shall  also  include  the 
names,  color  and  residence  of  said  Declarant  in  the  alpha- 
betical list  to  be  furnished  by  said  Board  of  Registry  under 
the  provisions  of  Section  23  of  this  Article.  And  the  intent 
of  each  person,  so  declaring  before  said  Board  of  Registry,  to 
become  a  resident  of  said  State  and  county,  shall  date  from 
the  date  of  said  entry  of  said  Declaration  by  said  Board. 
And  no  person  coming  into  said  State  and  county  from  any 
other  State,  District  or  Territory,  and  making  said  Declara- 
tion before  said  Board  of  Registry  shall  be  entitled  to  regis- 
tration as  a  legal  voter  in  said  State  and  county  until  one 


30  REGISTRATION  AND  ELECTION  LAWS 

year  after  his  intent  to  become  such  legal  voter,  shall  be 
thus  evidenced  by  such  entry  of  said  Declaration  by  said 
Board  of  Registry,  and  such  entry,  or  a  duly  certified  copy 
thereof,  shall  be  the  only  competent  and  admissible  evidence 
of  such  intent.  And  such  Declaration  of  Intention,  or  a  duly 
certified  copy  thereof,  shall  be  evidence  of  the  right  of  such 
persons  to  registration  as  a  legal  voter  according  to  law. 

CHAPTER  522,  ACTS  OF  1902. 

30.  Nothing  in  the  preceding  section  shall  be  held  to  ap- 
ply to  persons  in  the  diplomatic  or  consular  service  of  the 
United  States  appointed  from  Maryland,  who  at  the  time  of 
their  appointment  are  registered  voters  thereof,  or  to  secre- 
taries and  clerks,  respectively,  of  the  United  States  Senators 
arid  Representatives  in  Congress  from  Maryland  for  periods 
of  service  not  longer  than  the  term  of  a  United  States  Senator 
or  Representative  in  Congress,  who  shall  be,  at  the  time  of 
their  appointment,  residents  and  registered  voters  of  the  said 
State. 

CHAPTER  202,  ACTS  OF  1896. 

31.  Before  every  November  election  held  in  the  counties 
between  the  general  registration  hereinbefore  provided  for  the 
last  general  registration  shall  be  revised  by  the  Board  of  Reg- 
istry of  each  precinct  where  such  election  is  to  be  held;  and 
for  that  purpose  the  Board  of  Registry  shall  meet  on  the 
Tuesdays,  respectively,  five  and  four  weeks  preceding  the  reg- 
ular fall  election,  and  shall  hold  a  session  from  8  o'clock  A. 
M.,  to  7  o'clock  P.  M.,  and  names  may  be  added  on  the  regis- 
ters in  the  same  way,  upon  sworn  application,  as  in  the  case 
of  a  general  registration,  and  all  the  same  forms  and  require- 
ments shall  be  observed.     If  it  shall  appear  that  any  appli- 
cant had  been  upon  the  registry  in  any  other  precinct  of  any 
county  at  any  time  since  the  beginning  of  the  last  general  reg- 
istration for  such  precinct,  his  name  shall  not  be  added  to  the 
registry  where  application  is  made  until  he  produces  a  certi- 
ficate of  removal  given  him  by  the  Board  of  Supervisors  of 
said  county,  or  by  the  Board  of  Registry  for  such  other  pre- 
cincts,  which   certificate   shall   be   in   substance   as   follows: 

" precinct, ward  or  county.     This  is 

to  certify  that  the  name  of heretofore  residing 

at ,  in  this  precinct,  has  been  stricken  from  the 

registry  of  the  precinct  and  the  proper  erasure  made,  and 
that  upon  the  registers  of  this  precinct  the  following  entries 

appear  with  reference  to  him :    Name  age  

color ,  residence  nativity  , 

time  of  residence  in  precinct time  of  residence 

in  county  (or  city)   time  of  residence  in  State 


OF  THE  STATE  OF  MARYLAND.  31 

naturalized date  of  papers 

county  qualified  voter  date  of  ap- 
plication   


li Board  of  Supervisors  of  Election  (or  of  Registry.)  " 

The  foregoing  certificate  shall  be  granted  by  the  Board  of 
Registry  when  in  session,  or  by  the  Board  of  Supervisors  of 
Elections  prior  to  said  session  of  the  Board  of  Registry,  un- 
der the  following  regulations — that  is  to  say:  If  at  the  time 
application  for  said  removal  certificate  is  made,  the  name  of 
the  said  voter  is  already  erased  from  the  registry,  then  it  shall 
be  the  duty  of  the  said  Board  of  Supervisors  or  the  said  Board 
of  Registry  to  grant  the  certificate  to  the  voter  himself  or  to 
any  other  person  making  application  therefor.  But  if  at  the 
time  such  application  is  made  the  name  of  the  voter  be  still 
upon  the  registry  of  voters  as  a  qualified  voter,  the  removal 
certificate  shall  be  granted  and  the  name  stricken  off  only 
upon  the  personal  application  of  such  voter  to  the  Board  of 
Supervisors  or  to  the  said  Board  of  Registry,  and  after  his 
taking  and  subscribing  an  oath  substantially  as  follows:  "I 
,  do  solemnly  swear  (or  affirm)  that  I  now  re- 
side at in county ;  that  I  am  the  same 

person  who  is  entered  by  that  name  as  a  qualified  voter  in  the 

registers  of  the  precinct  of county ; 

that  I  have  removed  from  the  said  last-mentioned  residence, 
and  I  do  request  that  the  proper  entries  and  records  be  made, 
and  that  my  name  be  erased  from  the  registers  of  said  last 
mentioned  precinct,  and  that  a  certificate  of  removal  be  fur- 
nished me  at  this  time." 

The  foregoing  affidavit  shall  be  written  or  printed  on  the 
back  of  such  certificate  of  removal,  and  when  presented  to  the 
Board  of  Registry  of  the  precinct  in  which  such  applicant  re- 
sides, it  shall  be  taken  by  said  board  and  returned  to  the  office 
of  Supervisors  of  Elections.  When  such  certificate  shall  be 
granted,  either  by  the  Board  of  Registry  or  by  the  Super- 
visors of  Elections,  as  the  case  may  be,  the  name  of  such  ap- 
plicant shall  be  erased  from  the  registers  of  the  precinct  from 
which  he  removed. 

CHAPTER  202,  ACTS  OF  1896. 

32.  At  the  end  of  each  of  such  sessions  the  registers  shall 
be  made  to  agree,  where  there  is  any  difference  between  them 
and  then  the  officers  of  registration  having  the  custody  there- 
of shall  sign  their  names  or  initials  in  their  respective  registry 
books  immediately  under  the  last  name  registered  under  each 
letter  on  said  registers,  so  that  110  new  name  can  be  added 
thereto  without  discoverv . 


32  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  202.  ACTS  OF  1896. 

33.  It  shall  be  the  duty  of  the  Board  of  Registry,  after  the 
close  of  the  last-mentioned  session,  to  note  for  erasure  from 
such  registry  the  names  of  all  persons  known  or  supposed  to 
be  dead  and  the  names  of  all  persons  who  are  suspected  of  be- 
ing disqualified  under  Sections  2  and  3  of  Article  1  of  the 
Constitution  of  the  State,  and  the  names  of  all  persons  who 
are  supposed  to  have  removed  from  such  precinct  and  have 
not  taken  out  removal  papers,  and  of  all  persons  who  are  sus- 
pected to  be  otherwise  disqualified  as  voters,  and  they  shall, 
before  separating,  make  out  a  list  of  all  persons  so  noted  for 
erasure,  with  the  address  as  the  same  appears  upon  the  regis- 
ters.    In  making  out  such  list  said  Board  of  Registry  shall 
treat  as  persons  suspected  of  not  being  qualified  voters  all  per- 
sons against  whom  a  sworn  complaint  is  filed  by  any  voter 
in  the  ward  or  county.    Such  complaint  shall  be,  in  substance, 

as  f ollows :    "I, voter  of 

county,  do  solemnly  swear  that  I  believe ,  who 

professes  to  reside  at county,  is  not  a  qualified 

voter  in  the precinct  of 

county,  on  the  ground"  (here  state  reasons).     If  a  majority 
of  the  board  know  or  are  satisfied,  that  such  complaint  is  un- 
true, they  need  not  note  such  name  for  erasure  unless  re- 
quired by  a  member  of  the  board.    Said  list  shall  be  arranged 
under  the  following  headings:  "Disqualified  voters",  under 
which  shall  be  placed  the  names  of  persons  suspected  to  be 
disqualified  under  Sections  2  and  3  of  Article  1  of  the  Con- 
stitution, or  otherwise;  "Deceased  voters",  under  which  shall 
be  placed  all  who  are  known  or  supposed  to  be  dead;  "Re- 
moved", under  which  shall  be  placed  all  who  are  known  or 
supposed  to  have  removed  from  their  last  address.    The  mem- 
ber of  the  board  acting  as  clerk  shall  forthwith  ascertain  the 
facts  as  to  all  such  persons  on  said  list  in  the  manner  herein- 
before provided  in  the  case  of  the  first  registration,  and  shall 
give  such  persons  the  notice  provided  for  in  the  case  of  the 
first  registration. 

CHAPTER  202,  ACTS  OF  1896. 

34.  The  Board  of  Registry  shall  again  meet  for  revision  on 
Tuesday  three  weeks  before  such  election,  and  a  session  shall 
then  be  held  from  8  A.  M.  until  7  o'clock  P.  M.    At  such  meet- 
ing the  officer  who  last  acted  as  clerk  shall  file  with  said  board 
an  affidavit  of  the  facts  noted  by  him  as  to  the  persons  on  said 
suspected  list,  giving  the  names  and  addresses  of  those  not 
found,  and  also  the  name  and  address  of  those  actually  served 
with  such  notice,  or  served  by  leaving  the  notice  at  the  desig- 
nated place  of  residence,  stating  how  service  was  made,  and 


OF  THK  STXTK  OF  ]\!  \ KYI. AND.  33 

also  stating  the  name  and  address  of  all  those  to  whom  such 
notice  was  mailed,  and  when  mailed.  No  new  names  shall  be 
added  at  such  meeting. 

CHAPTER  202,  ACTS  OF  1896. 

35.  At  such  meeting  both  of  the  registers  shall  again  be 
produced,  and  said  board  shall  hear  every  person  that  ap- 
pears before  them  to  whom  notice  was  sent,  to  show  cause  why 
his  name  should  not  be  erased  from  said  register,  in  the  same 
manner  provided  for  in  case  of  the  general  registration ;  and 
if  a  majority  of  said  board  shall  decide  that  such  person  is 
not  a  qualified  voter,  his  name  shall  be  erased  from  the  reg- 
isters.    Evidence  on  either  side  may  be  heard,  and  all  wit- 
nesses or  parties  shall  be  sworn.     If  qualified  voters  so  noted 
as  dead  or  removed  are  not  dead  or  have  not  removed,  their 
names  shall  stand,  but  if  any  person  so  notified  does  not  ap- 
pear at  such  session  and  show  cause  why  his  name  should  not 
be  erased,  the  board  shall  during  the  last  hour  of  such  ses- 
sion, cause  his  name  to  be  erased  and  marked  as  disqualified, 
dead  or  removed,  as  the  rase  may  be.  unless  a  majority  of  the 
board  are  satisficl  of  their  own  knowledge,  or  upon  competent 
evidence,  that  such  person  is  entitled  to  have  his  name  re- 
tained on   the   registry,  and  under  the  head  of  "Remarks", 
opposite  each  name  erased,  shall  be  stated  the  facts  as  to  such 
erasure,  the  grounds  and  date  of  making  the  same  and  the  evi- 
dence on  which  it  was  made.     The  two  registers  shall  then  be 
compared  and  made  to  agree,  where  there  is  any  difference, 
and  such  revision  of  the  registry  by  said  Board  of  Registry 
shall  then  be  considered   closed,  and  no  other  name  can  be 
added  by  said  board  and  a  certificate  of  the  number  of  quali- 
fied voters  shall  then  be  made  and  signed  on  the  registers.  The 
registers  shall,  by  110011  of  the  second  day  thereafter,  be  re- 
turned to  the  Supervisors  of  Elections,  with  the  alphabetical 
list,  as  required  in  Section  23. 

CHAPTER  202,  ACTS  OF  1896. 

36.  The  Board  of  Supervisors  of  Elections  shall,   imme- 
diately,  upon  the  return  of  said  registers,  cause  a  suitable 
number  of  copies  of  the  alphabetical  list  of  names  registered 
or  erased  in  each  precinct  to  be  printed  and  written  three 
days  after  such  return  of  the  lists,  and  cause  copies  thereof  to 
be  posted  and  to  be  given  to  the  judges  or  clerks,  and  to  be 
sold,  as  provided,  in  cases  of  general  registration. 

CHAPTER  202,  ACTS  OF  1896. 

37.  Any  person  who  feels  aggrieved  for  any  of  the  causes 
mentioned   in    Section    24  of  this  Article,   which    may   have 

2 


o4  !tK<;!STKATl<)N    AND   ElJ-XTION    LAWS 

Arisen  in  the  course  of  such  revision,  may  file  a  petition  as 
provided  for  the  first  general  registration,  and  thereupon  the 
same  proceedings  shall  be  had.  and  the  same  forms  and  meth- 
ods shall  be  used  as  in  case  of  similar  petitions  under  the  said 
Section  24. 

CHAPTER  202,  ACTS  OF  1896. 

:>S  The  place  of  any  officer  of  registration  who  may  be  ab- 
sent on  any  day  of  registration  or  revision  shall  be  filled  by 
the  other  members  of  the  board  then  present,  always  selecting 
a  person  of  the  same  political  party  as  the  absent  person,  and 
the  same  oath  shall  be  administered  by  one  of  the  members  of 
said  board  then  present  to  such  temporary  officer  of  registra- 
tion, as  provided  in  the  case  of  the  regular  officers  of  regis- 
tration ;  whenever  the  regular  officer  shall  return  or  be  pres- 
ent the  temporary  incumbent  shall  vacate  his  office.  The  ap- 
pointment and  swearing  in  of  all  such  substitutes,  and  the 
reasons  therefor,  and  the  time  when  such  substitutes  began 
and  ceased  to  serve  as  officers  of  registration  shall  be  noted  by 
the  board  in  the  registers. 

CHAPTER  202,  ACTS  OF  1896. 

39.  There  shall  not  be  a  previous  revision  of  the  registry 
before  any  special  election,  but  at  such  election,  the  registry 
books  as  last  prepared  or  revised  shall  be  used.  In  the  year 
eighteen  hundred  and  ninety-seven,  however,  and  every  sec- 
ond year  thereafter,  the  books  of  registration  for  the  city  of 
Annapolis  shall  be  open  by  the  several  boards  of  registry 
for  the  wards  or  precincts  thereof  on  the  second  Monday  and 
the  following  Tuesday  in  those  years,  for  the  purpose  of  reg- 
istering new  voters  and  for  the  correction  of  said  books  of 
registration  prior  to  the  biennial  municipal  election  in  said 
city  in  the  month  of  July,  and  of  those  sittings  of  the  said 
I  wards  of  registry,  ten  days'  previous  public  notice  shall  be 
given  by  the  Board  of  Supervisors  of  Anno  Arundel  county, 
directed  by  Section  1f>. 

CHAPTER  202.  ACTS  OF  1896. 

'40.  The  Board  of  Supervisors  of  Elections,  the  Board  of 
Registry  and  each  member  of  said  Board  of  Registry  shall, 
without  fee  or  reward,  whenever  the  said  registers,  or  any  one 
of  them,  in  its  or  his  custody,  permit  the  same  to  be  freely  in- 
spected by  any  one  wishing  so  to  do,  such  inspection  shall  be 
made  in  the  presence  of  a  member  or  members  of  the  said 
Board  of  Supervisors  or  one  of  their  clerks,  or  of  the  said 
Board  of  Registry,  or  of  those  members  of  the  Board  of  Reg- 
istry in  whose  custody  the  said  registers  may  be,  and  not 


OF  THE  STATE  OF  MARYLAND.  35 

otherwise.  Said  Board  of  Supervisors  and  said  Board  of  Keg- 
istry  shall,  upon  application,  furnish  a  copy  of  any  entry  in 
said  register,  arid  said  copy,  under  their  hands,  shall  be  evi- 
dence in  any  court  or  before  any  officer,  of  the  matters  therein 

•'ontained. 

\ 

CHAPTER  177,  ACTS  OF  1910. 

41.  Any  convention  or  primary  meeting  as  hereinafter  de- 
fined, held  for  the  purpose  of  making  nominations  to  public 
office,  and  also  voters  to  the  number  hereinafter  specified,  may 
nominate  candidtaes  for  public  office  to  be  filled  by  election 
within  the  State.     A  convention  or  primary  meeting  within 
the  meaning  of  this  section  is  an  organized  assemblage  of 
delegatevS  or  voters,  representing  a  particular  party  or  prin- 
ciple, whose  highest  candidate  at  any  election  held  within  two 
years  next  preceding  the  holding  of  such  convention  polled 
more  than  one  per  cent  a.nd  less  than  ten  per  cent  of  the  en- 
tire vote  cast  in  the  State,  county  or  other  division  or  district 
for  which  the  nomination  is  made.    Nominations  may  be  made 
by  means  of  primary  elections,  without  the  intervention  of 
any  convention  b.y  any  party  which  at  the  last  preceding  elec- 
tion polled  the  requisite  proportion  of  votes,  as  hereinbefore 
specified. 

CHAPTER  124,  ACTS  OF  1912. 

42.  All  nominations  made  by  such  convention  or  primary 
meetings  shall  be  certified  as  follows:  The  certificate  of  nomi- 
nation shall  be  in  writing,  shall  contain  the  name  of  each  per- 
son nominated,  his  residence,  his  business,  his  address  and  the 
office  for  which  he  is  nominated,  and  shall  designate,  in  not 
more  than  one  word,  the  party  or  principle  which  such  con- 
vention or  primary  meeting  represents.    It  shall  be  signed  by 
the  presiding  officer  and  secretary  of  such  convention,  who 
shall  add  to  their  signatures,  their  respective  places  of  resi- 
dence, their  business  and  business  address,  and  acknowledge 
the  same  before  an  officer  duly  authorized  to  take  acknowl- 
edgements, who  shall  append  a  certificate  of  such  acknowl- 
edgement thereto.  If  the  nomination  is  by  means  of  a  primary 
election,  the  certificate  shall  be  signed  and  acknowledged  by 
the  persons  whose  duty  it  may  be,  by  party  usage,  to  declare 
tho  result  of  such  election  in  the  manner  prescribed  for  a 
nomination  by  a  convention,  but  no  party  emblem  or  devicY' 
of  any  kind  shall  be  added  to  said  certificate;  and  if  any  such 
••mblem  or  device  should  be  added,  it  shall  not  be  printed 
upon  the  ballot  by  the  S»><-ivtary  of  State  or  any  of  the  Boards 
of  Supervisors  of    Flections. 


:>6  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  751,  ACTS  OF  1914. 

43.  A  candidate  for  public  office,  including  candidates  for 
the  office  of  United  States  Senator  from  Maryland,  may  be 
nominated  otherwise  than  by  a  convention  or  primary  elec- 
tion in  the  manner  following:  A  certificate  of  nomination 
containing  the  name  of  a  candidate  for  the  office  to  be  filled, 
with  such  information  as  is  required  to  be  given  in  certificates 
provided  for  in  Section  42  of  this  Article,  with  the  additional 
statement  that  the  persons  signing  the  same  intend  to  vote 
for  the  person  to  be  nominated  thereby,  shall  be  signed  by 
voters  in  numbers  as  follows,  residing  in  the  political  division 
in  and  for  which  the  officer  is  to  be  elected ;  that  is  to  say :  The 
number  of  signatures  so  required  shall  not  be  less  than  five 
hundred  when  the  nomination  is  for  an  office  to  be  filled  by  an 
election  participated  in  by  the  voters  of  the 'entire  State,  and 
riot  less  than  three  hundred  when  the  nomination  is  for  an  of- 
fice to  be  filled  by  an  election  to  be  participated  in  by  the 
voters  of  an  entire  Congressional  district  or  of  the  entire  cities 
of  Baltimore,  Annapolis,  Frederick,  Cumberland  or  Hagers- 
towir,  and  not  less  than  two  hundred  for  nominations  for  all 
other  elections;  and  provided  also,  that  the  said  signatures 
need  not  all  be  appended  to  one  paper ;  but  if  the  signatures 
are  appended  to  more  than  one  paper  all  such  papers  must  be 
fastened  together  and  filed  as  one  certificate.  Each  signer 
shall  append  to  his  signature  his  residence,  occupation  and 
place  of  business,  and  every  such  paper  shall  be  accompanied 
by  an  affidavit  or  affidavits  made  before  a  justice  of  the  peace 
by  one  or  more  persons  known  personally  to  the  justice  and  so 
certified  by  him  and  signed  by  the  affiant  or  affiants,  to  the  ef- 
fect that  the  signers  are  known  to  such  affiant  or  affiants  to  be 
registered  voters  of  the  district  or  precinct  in  which  they  re- 
spectively reside,  and  that  the  said  affiant  or  affiants  person- 
ally saw  the  signers  in  regard  to  whom  he  or  they  make  oath 
sign  such  paper,  and  any  wilfully  false  statement  in  such  affi- 
davit or  affidavits  or  affirmation  shall  be  deemed  a  misde- 
meanor, and  shall  subject  the  person  making  the  same  to  the 
fines  and  penalties  prescribed  by  the  law  of  this  State  for  the 
crime  of  perjury. 

CHAPTER  202,  ACTS  OF  1896. 

4.4.  Certificates  of  nominations  shall  be  filed  with  the  Sec- 
retary of  State  for  the  nomination  of  members  of  Congress 
or  of  candidates  for  offices  to  be  filled  by  the  voters  of  the 
entire  State  or  of  any  division  of  a  greater  extent  than  one 
county.  For  all  other  nominations  to  public  offices  certifi- 
cates of  nomination  shall  be  filed  with  the  Supervisors  of  Elec- 


OF  THE  STATE  OF  MARYLAND.  37 

tions  of  the  respective  counties  or  of  Baltimore  city,  as  the 
case  may  be,  wherein  the  offices  are  to  be  filled  by  the  voters. 

CHAPTER  202,  ACTS  OF  1896. 

4f>.  No  certificate  of  nomination  shall  contain  the  name  of 
more  than  one  nominee  for  each  office  to  be  filled.  No  person 
shall  join  in  nominating  more  than  one  nominee  for  each  of- 
fice to  be  filled,  and  no  person  shall  accept  a  nomination  to 
more  than  one  office. 

CHAPTER  202,  ACTS  OF  1896. 

46.  The  Secretary  of  State  and  the  several  boards  of  Su- 
pervisors of  Elections  shall  cause  to  be  preserved  in  their  re- 
spective offices,  for  two  years,  all  certificates  of  nominations 
filed  with  them  under  the  provisions  of  this  Article.    All  such 
certificates  shall  be  open  to  public  inspection. 

CHAPTER  133,  ACTS  OF  1902. 

47.  Except  in  cases  provided  for  by  Section  51  and  cases 
of  special  election,  to  fill  vacancies  in  office  caused  by  death, 
resignation,  or  otherwise,  such  certificates  of  nomination  shall 
be  filed  respectively  with  the  Secretary  of  State  not  less  than 
twenty-five  days,  and  with  the  Board  of  Supervisors  of  Elec- 
tion not  less  than  fifteen  days  before  the  day  of  election. 

CHAPTER  202,  ACTS  OF  1896. 

48.  Not  less  than  eighteen  days  before  an  election  to  fill 
any  public  office,  the  Secretary  of  State  shall  certify  to  the 
Supervisors  of  Elections  of  each  county,  within  which  any  of 
the  voters  may,  by  law.  vote  for  candidates  for  such  office,  the 
name  and  description  of  each  person  nominated  for  such  of- 
fice, as  specified  in  the  certificates  of  nomination  filed  with 
the  Secretary  of  State,  and  shall  certify  the  same  to  the  Su- 
pervisors of  Elections  of  Baltimore  city,  if  any  of  the  voters 
of  said  city  may.  by  law,  vote  for  candidates  for  such  office. 

CHAPTER  307,  ACTS  OF  1914. 

49.  At  least  eight  days  before  an  election  to  fill  any  public 
office  the  Supervisors  of  Elections  of  each  county  and  in  the 
city  of  Baltimore  shall  cause  to  be  published  in  two  or  more 
newspapers  within  such  county,  except  in  Howard  county, 
where  the  Supervisors  of  Elections  may  publish  in  one  news- 
paper, and  in  all  the  daily  papers  published  in  said  cty  which 


38  REGISTRATION  AND  ELECTION  LAWS 

will  publish  the  same  at  the  current  rate  for  advertising  the 
nominations  to  office  which  have  been  filed  with  or  certified  to 
them  under  the  provisions  of  this  Article,  if  in  any  county 
there  be  but  one  newspaper  published,  publication  in  such 
one  newspaper  shall  be  sufficient;  they  shall  make  not  less 
than  two  such  publications  in  each  of  such  newspapers  before 
the  day  of  election,  and  one  of  such  publications  in  each  news- 
paper shall  be  upon  the  last  day  upon  which  said  newspaper 
is  issued  before  the  day  of  election.  Such  publication  shall  be 
made  in  newspapers  devoted  to  the  dissemination  of  general 
news ;  and  the  two  newspapers  selected  shall,  if  possible,  rep- 
resent the  political  parties  which  at  the  last  preceding  elec- 
tion cast  the  largest  and  next  largest  number  of  votes.  The 
list  of  nominations  published  by  the  Supervisors  of  Elections 
shall  be  arranged,  so  far  as  practicable,  in  the  order  and  form 
in  which  they  are  to  be  printed  upon  the  ballots. 

The  aforegoing  provisions  of  this  section  shall  apply  to  Bal- 
timore city,  Baltimore,  Wieomico,  Carroll,  Washington,  Dor- 
chester, Queen  Anne's,  Allegany,  Cecil,  Montgomery,  How- 
ard, Caroline,  Harford,  Frederick,  Garrett,  Somerset,  Talbot. 
Worcester  and  Kent  counties,  and  the  following  provisions  of 
this  section  shall  apply  only  to  the  following  counties:  Anne 
Arundel,  Calvert,  Charles,  Prince  George's,  St.  Mary's: 

At  least  eight  days  before  an  election  to  fill  any  public  offico. 
the  Supervisors  of  Elections  of  each  county  and  of  the  city  of 
Baltimore,  shall  cause  to  be  published  in  two  or  more  news- 
papers within  such  county  and  in  all  the  daily  papers  pub- 
lished in  said  city,  which  will  publish  the  same  at  the  current 
rate  for  advertising,  the  nominations  to  office  which  have  been 
filed  with  or  certified  to  them  under  the  provisions  of  this  Ar- 
ticle, if  in  any  county  there  be  but  one  newspaper  pub- 
lished, publication  in  such  newspaper  shall  be  sufficient,  they 
shall  not  make  less  than  two  such  publications  in  each  of  such 
newspapers  before  the  day  of  election  and  one  of  such  publi- 
cations in  each  newspaper  shall  be  upon  the  last  day  upon 
which  said  newspaper  is  issued  before  the  day  of  election. 
Such  publication  shall  be  made  in  newspapers  devoted  to  the 
dissemination  of  general  news  and  the  two  newspapers  select- 
ed shall,  if  possible,  represent  the  political  parties  which  at 
the  last  preceding  election  cast  the  largest  and  next  largest 
number  of  votes. 

It  shall  be  unlawful  for  any  Board  of  Supervisors  of  Elec- 
tions or  for  any  person,  corporation,  firm  or  newspaper,  or 
the  proprietor  or  publisher  of  any  newspaper,  to  publish,  ad- 
vertise or  circulate  or  cause  to  be  published  or  advertised  or 
circulated  any  sample  or  fac-simile  of  the  ballot  or  the  form 
of  ballot  to  be  used  in  any  of  the  said  last-mentioned  counties 
of  the  State,  or  for  any  person  or  voter  to  take  into  the  polling 
place  or  booth  any  sample  or  fac-simile  of  the  ballot  or  to  use 


OF  THE  STATE  OF  MARYLAND.  39 

any  sample  or  fac-similc  of  the  ballot  when  marking  his  ballot 
or  take  into  the  polling  place  or  use  when  marking  his  ballot 
any  stencil,  ruler,  measure  or  other  mechanical  device  of  any 
material  or  form  as  a  means  of  aid,  guidance  or  assistance  in 
marking  his  ballot.  Any  violation  of  any  of  the  aforegoing 
provisions  of  this  section  shall  be  punished  by  a  fine  of  not 
less  than  five  hundred  nor  more  than  one  thousand  dollars  or 
by  imprisonment  in  jail  for  not  less  than  thirty  days  nor  more 
than  one  year,  in  the  discretion  of  the  Court. 

CHAPTER  202,  ACTS  OF  1896. 

50.  Whenever  any  person  nominated  for  public  office,  as 
in  this  Article  provided,  shall,  at  least  ten  days  before  elec- 
tion, in  writing  signed  by  him  and  acknowledged  before  a 
justice  of  the  peace,  or  if  he  be  out  of  the  State  at  the  time, 
before  a  notary  public,  notify  the  officer  with  whom  the  cer- 
tificate nominating  him  is,  by  this  Article,   required  to  be 
tiled,  that  he  declines  such  nomination,  such  nomination  shall 
be  void,  and  the  name  of  any  person  so  declining  shall  not  be 
printed  upon  the  ballots. 

CHAPTER  715,  ACTS  OF  1914. 

51.  Should  any  person  so  nominated  die  before  election 
day  or  decline  the  nomination,  as  in  this  Article  provided,  or 
should  any  certificate  of  nomination  be  or  become  insufficient 
or  inoperative  from  any  cause,  the  vacancy  or  vacancies  thus 
occasioned  may  be  filled  in  the  manner  required  for  original 
nominations.    If  the  original  nomination  was  made  by  a  party 
convention  which  had  delegated  to  a  committee  the  power  to 
fill  vacancies,  such  committee  may,  upon  the  occurring  of  such 
vacancies  proceed  to  fill  the  same;  the  chairman  and  secre- 
tary of  such  committee  shall  thereupon  make  and  file  with 
the  proper  officer  a  certificate  setting  forth  the  cause  of  the 
vacancy,  the  name  of  the  person  nominated,  the  office  for 
which  he  was  nominated,  the  name  of  the  person  for  whom  the 
nr\v  nominee  is  to  be  substituted,  the  fact  that  the  committee 
wfis  authorized  to  fill  vacancies  and  such  further  information 
as  is  required  to  be  given  in  an  original  certificate  of  nomina- 
tion.   The  certificate  so  made  shall  be  executed  and  acknowl- 
edged in  the  manner  prescribed  for  the  original  certificate  of 
nomination,  and  shall,  except  in  case  of  a  nominee  dying,  be 
filed  at  least  ten  days  before  the  day  of  election,  and  in 
cases  of  either  resignation  or  death,  shall  be  filed  within  six 
days  after  the  vacancy  shall  have  occurred,  and  upon  being 
so  filed  shall  have  the  same  force  and  effect  as  an  original  cer- 
tificate of  nomination.    When  such  certificate  shall  be  so  filed 
with  the  Secretary  of  State,  he  shall,  in  certifying  the  nomi- 


40  REGISTRATION  AND  ELECTION 

nation  to  the  Supervisors  of  Elections,  insert  the  name  of 
the  person  who  has  been  thus  nominated  to  fill  a  vacancy  in 
place  of  that  of  the  original  nominee ;  and  in  case  he  has  al 
ready  set  forth  his  certificate  he  shall  forthwith  certify  to 
the  Supervisors  the  name  and  description  of  the  person  so 
nominated  to  fill  a  vacancy,  the  office  for  which  he  is 
nominated,  the  party  or  political  principle  he  represents,  and 
the  name  of  the  person  for  whom  he  is  substituted.  In  the 
case,  however,  of  any  nominee  dying  within  so  short  a  time 
before  the  day  of  election  that  the  certificate  of  nomination  of 
the  new  nominee  shall  not  have  been  filed  with  or  certified  to 
the  Supervisors  of  Elections  until  after  ten  days  before  the 
day  of  election,  thus  being  too  late  for  the  name  of  the  new 
nominee  to  be  printed  011  the  ballots  in  any  county  or  the  city 
of  Baltimore,  as  hereinafter  provided,  the  Board  of  Super 
visors  of  such  county  or  city  shall  at  once  cause  to  be  printed 
a  sufficient  number  of  stickers  bearing  the  name  of  such  sub 
stitute  nominee,  and  shall  deliver  the  same  in  due  time  to  the 
judges  of  election  for  all  of  those  precincts  in  said  county 
or  city  wherein  said  nominee  may  be  voted  for,  and  said 
judges  shall  affix  such  stickers  in  the  proper  place  on  each 
ticket  before  it  is  given  out  to  the  voter.  If  the  resignation 
or  disqualification,  or  death  and  consequent  change  of  nomi- 
nee shall  have  occurred  and  been  made  after  the  first  publica- 
tion provided  for  in  Section  49,  and  before  the  second  publi- 
cation, the  Board  of  Supervisors  shall,  if  possible,  make  the 
proper  change  in  the  second  publication. 

CHAPTER  202,  ACTS  OF  1896. 

52.  Whenever  a  proposed  Constitution  or  Constitutional 
amendment,  or  other  question,  is  submitted  for  popular  ap- 
proval to  the  voters  of  the  State,  the  Secretary  of  State  shall 
duly,  and  not  less  than  thirty  days  before  the  election,  certify 
the  same  to  the  Supervisors  of  Elections  in  the  counties  and 
the  city  of  Baltimore,  and  thereupon,  the  said  Supervisors 
shall  include  the  same  in  the  publication  provided  for  in  Sec- 
tion 48  of  this  Article.  If  questions  of  local  concern  are  to 
be  submitted  for  approval  to  a  vote  of  the  people  of  a  county 
or  a  municipality,  the  same  shall  be  certified  to  said  Super- 
visors of  Elections  within  said  period  by  the  County  Commis- 
sioners or  Register  of  the  city  of  Baltimore,  as  the  case  may 
be,  and  shall  be  advertised  as  herein  provided  in  the  case  of 
nominees  for  county  or  city  officers. 

CHAPTER  202,  ACTS  OF  1896. 

r>3.  All  ballots  cast  in  elections  for  public  officers  within 
this  State  shall  be  printed  and  distributed  as  hereinafter  pro- 
vided. The  printing  of  ballots  and  cards  of  instruction  for 


or  THK  STATK  or  M  XKYI  41 

the  voters  in  each  county  and  the  city  of  Baltimore,  and  the 
delivery  of  the  same  to  the  nudges  of  election,  as  provided  in 
this  Article,  shall  be  at  public  expense,  the  payment  of  which 
shall  be  provided  for  by  the  several  counties  and  the  city  of 
Baltimore,  respectively.  All  1  ml  lot  boxes  shall  be  constructed 
as  follows:  Each  box  shall  bo  one  foot  outside  measure,  as 
near  as  may  he.  in  width  and  length,  and  eighteen  inches  in 
depth,  strapped  and  secured  on  each  edge  and  corner,  with 
brass  mouldings,  securely  brazed  or  soldered  together  at  the 
junctions  thereof,  so  as  to  prevent  it  from  being  easily  broken  ; 
it  shall  have  a  strong  wooden  lid.  which  shall  be  fastened  to 
the  box  with  brass  or  iron  hinges,  not  accessible  from  the  out- 
side, and  shall  have  a  good  Yale  lock,  there  shall  be  a  slit  in 
the  lid  just  large  enough  to  admit  a  single  folded  ballot  at  one 
time,  and  the  sides  and  bottom  of  the  box  shall  be  of  clear 
plate  glass  not  less  than  one-eighth  of  an  inch  in  thickness. 
Each  such  box,  when  not  in  actual  use  at  a  polling  place,  shall 
be  kept  in  a  wooden  case  for  the  protection  of  the  same  and  its 
contents  in  the  transportation  and  storage  thereof. 

CHAPTER  2,  ACTS  OF  1901. 

54.  It  shall  be  the  duty  of  the  Board  of  Supervisors  of 
Elections  of  each  county  arid  of  the  city  of  Baltimore  to  pro- 
vide ballots  for  every  election  for  public  officers  held  under 
this  Article  in  which  any  voters  within  the  county  or  said  city 
shall  participate,  and  eause  to  be  printed  on  the  ballot  the 
name  of  every  candidate  whose  name  has  been  certified  to  or 
tiled  with  the  proper  officers  in  the  manner  herein  provided 
by  such  political  party,  organization  or  body  of  individuals; 
but  the  said  Supervisors  shall  not  be  required  to  print  any 
name  upon  a  ballot  if  such  name  shall  not  have  been  certified 
to  them  at  least  six  days  before  election  day.  Each  ballot  shall 
contain  a  statement  of  every  Constitutional  amendment  or 
other  question  to  be  submitted  to  the  vote  of  the  people  at 
any  election.  Ballots  other  than  those  printed  by  the  respec- 
tive Boards  of  Supervisors  of  Elections,  according  to  the  pro- 
visions of  this  Article  shall  not  be  cast  or  counted  in  any  elec- 
tion except  as  hereinafter  provided.  Nothing  in  this  Article 
contained  shall  prevent  any  voter  from  writing  on  this  ballot 
and  marking  in  the  proper  place  the  name  of  aiiy  person  other 
than  those  already  printed  for  whom  he  may  desire  to  vote  for 
any  office,  and  such  votes  shall  be  counted  the  same  as  if  the 
name  of  such  person  had  been  printed  upon  the  ballot  and 
marked  by  the  voter.  Any  voter  may  take  with  him  into  the 
polling  place  any  written  or  printed  memorandum  of  paper 
to  assist  him  in  marking  or  preparing  his  ballot,  except  a  fac- 
simile of  the  ballot  to  be  voted.  Ballots  shall  be  printed  and 
in  possession  of  the  Supervisors  of  Elections  at  least  four  days 


42  REGISTRATION  AND  ELECTION  LAWS 

before  election  day,  and  a  correct  list  of  the  names  of  the  can- 
didates thereon  with  the  designation  of  the  offices  for  which 
the  persons  named  thereon  are  candidates  shall  be  furnished 
on  demand  by  the  Supervisors  to  the  candidates  or  their  au- 
thorized agents.  If  any  mistake  be  discovered,  it  shall  be  the 
duty  of  the  said  Supervisors  to  correct  the  same  without  de- 
lay, and  if  said  Supervisors  shall  decline  or  refuse  to  make 
correction,  then  upon  the  sworn  petition  of  any  qualified  voter 
who  would  have  the  right  to  vote  for  such  candidate  at  the  ap- 
proaching election,  the  Circuit  Court  for  any  county,  or  one 
of  the  Judges  of  the  Supreme  Bench  of  Baltimore  City,  may 
by  order,  require  said  Supervisors  of  Elections  to  correct  such 
error  or  to  show  cause  why  such  error  should  not  be  corrected. 

CHAPTER  307,  ACTS  OF  1914. 

55.  The  form  and  arrangement  of  the  ballots  shall  be  as 
follows:  All  ballots  shall  contain  the  name  of  every  candi- 
date whose  nomination  for  any  office  specified  in  the  ballot 
has  been  certified  to  and  filed  according  to  the  provisions  of 
this  Article,  and  not  withdrawn  in  accordance  herewith.  The 
names  of  candidates  for  every  office  shall,  except  in  the  case 
of  candidates  for  Presidential  Electors,  be  arranged  alpha- 
betically according  to  their  surname,  under  the  designations 
of  the  office.  Above  the  group  of  names  of  the  candidates  for 
each  office  and  upou  a  separate  line  immediately  underneath 
the  designation  of  the  office,  there  shall  be  printed  in  bold, 
plain  roman  capitals,  twelve  point  (pica)  type,  an  appropri- 
ate direction  or  instruction  to  the  voter,  informing  him  of  the 
number  of  persons  for  whom  he  may  lawfully  vote  for  the 
particular  office  mentioned  immediately  above  each  such  di- 
rection, thus:  "Vote  for  one,"  or  "Vote  for  two,"  or  "Vote 
for  six,"  ,as  the  case  may  be.  To  the  right  of  the  name  of 
each  candidate  upon  the  official  ballot,  and  properly  separated 
from  said  names,  and  immediately  to  the  left  of  the  square 
opposite  the  name  of  the  candidate,  and  in  line  therewith, 
shall  be  added  the  designation  of  the  party  or  principle  which 
the  candidate  represents,  as  is  duly  contained  in  the  certifi- 
cate of  nomination  or  nomination  papers  (said  designation  of 
the  party,  however,  shall  consist  solely  of  the  name  of  the 
party  to  be  expressed  in  one  word  only  and  nothing  more). 
To  the  name  of  each  candidate  for  State  office  or  candidate  for 
Congress  shall  be  added  the  name  of  the  county  or  city  in 
which  the  candidate  resides.  Ballots  shall  be  so  printed  as  to 
give  each  voter  a  clear  opportunity  to  designate  by  a  cross 
(X)  in  a  square  at  the  right  of  the  name  of  each  candidate, 
and  at  the  right  of  each  question,  his  choice  of  candidate  and 
his  answer  to  such  question.  If  the  candidate  is  named  for 
the  same  office  on  two  or  more  certificates  of  nomination,  his 
shall  be  printed  on  the  ballot  but  once,  and  to  the  right 


OF  THE  STATE  OF  MARYLAND.  43 

of  the  name  of  said  candidate  shall  be  added  the  name  of  one 
of  the  parties  which  such  candidate  represents,  as  appealing 
in  said  certificate  of  nomination,  and  the  Board  of  Supervis- 
ors of  Elections  shall  cause  to  be  printed  to  the  right  of  the 
iLii.ii it*  of  such  candidate  whichever  one  of  said  party  names, 
so  appearing  in  said  certificates  of  nomination,  the  said  can- 
didate shall,  in  writing,  designate  to  said  Board  of  Supervis- 
ors as  the  party  name  which  he  desires  to  be  added  to  the 
riicht  of  his  name  on  the  ballot;  provided,  however,  that  sucK 
part}'  name  shall  consist  of  one  word  only.  When  the  name 
of  a  political  party  is  given  in  connection  with  the  name  of  a 
candidate  nominated  as  provided  in  Section  43  of  this  Article, 
it  shall  be  stated  011  the  ballot  to  the  right  of  the  name  of  the 
candidate ;  but  if  there  shall  have  been  any  nomination  for 
the  same  office  by  a  convention  or  primary  election  claiming 
the  same  party  name,  duly  certified  as  hereinbefore  provided, 
there  shall  then  be  printed  to  the  light  of  the  name  of  the  can- 
didate so  nominated  in  accordance  with  said  Section  43,  ex- 
cept Presidential  Electors,  only/the  word  "Independent"  and 
none  other.  If  the  same  party  name  shall  be  claimed  on  be- 
half of  nominations  made  by  more  than  one  convention  or 
primary  election,  and  duly  certified  as  aforesaid,  the  officers 
by  whom  the  ballot  is  to  be  prepared,  or  a  majority  of  them, 
shall  determine  which  nominees  are  justly  entitled  to  the 
party  name,  and  to  the  right  of  the  other  nominees  there  shall 
be  printed  upon  the  ballot  only  the  word  "Independent"  and 
now  other.  The  names  of  candidates  for  the  office  of  electors 
of  President  and  Vice-President  of  the  United  States  shall  be 
arranged  in  groups,  as  presented  in  the  several  certificates  of 
nomination  papers,  and  the  several  groups  shall  be  arranged 
in  such  order  of  the  surnames  of  the  candiates  for  President 
as  the  several  Boards  of  Supervisors  shall  prescribe  in  the 
city  of  Baltimore,  and  in  the  several  counties,  respectively.  If 
candidates  for  Presidential  Electors  are  nominated  at  large 
and  for  the  several  Congressional  districts,  the  name  and 
place  of  residence  of  the  candidates  at  large  shall  be  put  at 
the  head  of  each  group,  and  the  names  of  the  other  candi- 
dates, with  their  places  of  residence,  including  the  numbers  of 
the  Congressional  district  in  which  they  reside,  shall  follow 
in  numerical  order.  The  surname  of  the  candidates  of  each 
political  party  for  the  office  of  President  and  Vice-President 
with  the  party  name  at  the  right  of  the  surname,  shall  be 
placed  above  the  group  of  candidates  for  electors  of  such  par- 
ty. There  shall  be  left  at  the  right  of  the  surname  of  the 
candidate  for  President  and  Vice-President.  so  formed  as  to 
include  both  names,  and  to  the  right  of  tho  name  of  each 
elector  a  sufficient  clear  square  in  which  each  voter  may  desig- 
nate by  a  cross  (X)  his  choice  for  electors.  All  candidates  for 
office,  shall,  as  far  as  possible,  be  placed  in  one  column,  but 


44  REGISTRATION  AND  ELECTION  LAWS 

when  the  names  to  be  printed  upon  the  ticket  are  over  thirty- 
six,  then  another  column  shall  be  added  in  which  names  shall 
be  printed,  and  when  two  or  more  columns  are  used  the  same 
number  of  names  shall,  as  far  as  possible,  be  printed  in  each 
column.  And  the  initial  letters  of  the  given  or  Christian  name 
of  the  several  candidates  in  each  column  shall  be  printed  di- 
rectly beneath  each  other  in  a  vertical  line,  and  the  initial  let- 
ter of  the  respective  party  designations  of  said  several  candi- 
dates shall  be  printed  directly  beneath  each  other  in  a  vertical 
line.  A  Constitutional  Amendment,  or  any  question  to  be 
submitted  to  the  popular  vote  shall  be  printed  in  a  separate 
column  to  follow  immediately  after  the  names  of  candidates. 
This  section  shall  apply  to  Baltimore  city  and  Baltimore,  Gar- 
rett,  Dorchester,  Queen  Anne's,  Frederick.  'Wicomico,  Car- 
roll, Washington,  Allegany,  Cecil,  Montgomery,  Howard, 
Caroline,  Harford,  Somerset,  Talbot,  Worcester  and  Kent 
counties. 

CHAPTER  124,  ACTS  OF  1912. 

56.  The  form  and  arrangement  of  ballot  shall  be  as  fol- 
lows: All  ballots  shall  contain  the  name  of  every  candidate 
whose  nomination  for  any  office  specified  in  the  ballots  has 
been  certified  and  filed  according  to  the  provisions  of  this  Ar- 
ticle, and  not  withdrawn  in  accordance  therewith.  The  names 
of  candidates  for  every  office  shall,  except  in  case  of  candi- 
dates for  Presidential  Electors,  be  arranged  alphabetically, 
according  to  their  surnames,  and  without  any  party  name  or 
designations,  under  the  designation  of  the  office  above  the 
group  of  names  of  the  candidates  for  each  office,  and  upon  a 
separate  line  immediately  beneath  the  designation  of  the  of- 
fice there  shall  be  printed  in  bold,  plain  roman  capitals,  twelve 
point  (pica)  type,  an  appropriate  direction  or  instruction  to 
the  voter,  informng  him  of  the  number  of  persons  for  whom 
he  may  lawfully  vote  for  the  particular  office  mentioned,  im- 
mediately above  each  such  direction,  thus,  "Vote  for  one/' 
or  "Vote  for  two,"  or  "'Vote  for  six,"  as  the  case  may  be.  To 
the  name  of  each  candidate  for  State  office  or  candidate  for 
Congress  shall  be  added  the  name  of  the  county  or  city  in 
wThich  the  candidate  resides.  Ballots  shall  be  so  printed  as  TO 
give  each  voter  a  clear  opportunity  to  designate  by  a  "ross 
(X)  in  a  square  at  the  right  of  the  name  of  each  candidate, 
and  at  the  right  of  each  question,  his  choice  of  candidates  and 
his  answer  to  such  question.  Such  square  shall  be  at  least  one- 
half  of  an  inch  in  size,  and  the  top  and  bottom  lines  of  such 
square  shall  extend  across  the  ballot  so  as  to  include  the  name 
of  the  candidate  or  the  question  opposite,  and  all  such  cross 
lines  shall  be  of  uniform  size  and  color  on  each  ballot.  If  the 
candidate  is  named  for  the  same  office  on  two  or  more  certifi- 
cates of  nomination,  his  name  shall  be  printed  on  the  ballot 


«>F  THE  STATE  OF  MARYLAND.  4f> 

but  once.  Tin-  mimes  of  candidates  for  the  office  of  electors 
of  President  and  Vice-President  of  the  United  States  shall  be 
arranged  in  groups,  as  presented  in  the  several  certificate*  of 
nomination  papers,  and  the  several  groups  shall  be  arranged 
in  the  alphabetical  order  of  the  surnames  of  the  candidates 
for  President  in  the  city  of  Baltimore  and  in  the  several  coun- 
ties, respectively.  It'  candidates  for  Presidential  Electors  are 
nominated  at  large  and  for  the  several  Congressional  districts, 
the  names  and  places  of  the  residence  of  the  candidates  at 
large  shall  be  put  at  the  head  of  each  group,  and  the  names  of 
the  other  candidates,  with  their  places  of  residence,  including 
the  numbers  of  the  Congressional  districts  in  which  they  re- 
side, shall  follow  in  numerical  order.  The  surname  of  the 
candidates  of  each  political  party  for  the  office  of  President 
and  Vice-President  shall  be  placed  above  the  group  of  candi- 
dates for  electors  of  such  party.  There  shall  be  left  at  the 
right  of  the  surname  of  the  candidates  for  President  and  Vice- 
President  so  formed  as  to  include  both  names,  and  to  the 
right  of  the  name  of  each  elector,  a  sufficient  clear  square  in 
which  each  voter  may  designate,  by  a  cross  (X)  his  choice  for 
electors.  All  candidates  for  office  shall  ,as  far  as  possible,  be 
placed  in  one  column,  but  where  the  names  to  be  printed  upon 
the  ticket  are  over  thirty-six,  then  another  column  shall  be 
added  in  which  names  shall  be  printed,  and  when  two  or  more 
columns  are  used  th*  same  number  of  names  shall,  as  far  as 
possible,  be  printed  in  each  column,  and  the  initial  letter  of 
the  given  or  Christian  names  of  the  several  candidates  in  each 
column  shall  be  printed  directly  beneath 'each  other  in  a  ver- 
tical line.  A  Constitutional  Amendment  or  any  question  to  be 
submitted  to  the  popular  vote  shall  be  printed  in  the  same  col- 
umn with  the  names  of  the  candidates.  This  section  shall  ap- 
ply to  Prince  George's.  Charles,  St.  Mary's,  Calvert  and  Anne 
Arundel  counties. 

CHAPTER  2,  ACTS  OF  1901. 

57.  If  at  any  election  there  be  a  Constitutional  question,  or 
any  other  question  to  be  submitted  to  the  popular  vote,  the 
said  question  shall  be  placed  upon  said  ballot  in  the  form  fol- 
lowing:    "For  Constitutional  Amendment,"  "Against  Con- 
stitutional Amendment."  "For  Proposition,"  "Against  Pro- 
position," and  said  respective  questions  shall  be  placed  in  a 
column,   as  hereinbefore  mentioned,   so  that  the  same  shall 
form  a  parallelogram  or  space  where  the  voter  may  clearly 
indicate  in  the  way  hereinbefore  pointed  out,  whether  he  shall 
wish   to   cast    his   ballot    for   or    against    the    Constitutional 
Amendment,  or  Proposition,  or  Propositions'  submitted. 

CHAPTER  307,  ACTS  OF  1914. 

58.  All  said  ballots  in  all  elections  in  and  throughout  the 
State   of  Maryland,   including   al   the   comities   thereof,    and 


46  REGISTRATION  AND  ELECTION  LAWS 

Baltimore  city,  shall  be  printed  iu  the  same  uniform  typa 
upon  plain  white  printing  paper  of  ordinary  book  weight,  in 
black  ink,  and  the  names  of  all  the  candidates  shall  be  printed 
upon  all  ballots  which  may  be  used  in  any  and  all  elections  in 
every  county  of  the  State  and  in  the  city  of  Baltimore,  in  the 
following  type,  to  wit :  in  clear,  plain,  bold  and  legible  roman 
capitals,  twelve  point,  generally  known  as  pica  type,  one- 
eighth  of  an  inch  high,  or  in  depth,  and  it  shall  be  the  duty 
of  the  Board  of  Supervisors  of  Elections  for  Baltimore  city, 
and  of  the  Board  of  Supervisors  of  Elections  for  each  county, 
to  cause  all  ballots  to  be  used  by  the  voters  of  said  city,  and  of 
the  several  counties,  to  be  printed  in  manner  and  form  as 
aforesaid.  On  the  back  and  outside  of  all  ballots  shall  be 
printed  the  words  ' '  Official  Ballot  for, 7 '  followed  by  the  desig- 
nation of  the  polling  place  for  which  it  is  prepared,  the  date 
of  the  election  and  a  fac-simile  of  the  signature  of  the  Presi- 
dent of  the  Board  of  Supervisors  of  Election,  by  whom  the 
ballots  have  been  prepared.  Said  ballots  shall  be  printed  on 
the  same  leaf  with  a  detachable  stub  or  coupon  one  inch  high 
and  three  inches  wide,  above  the  upper  right  hand  corner  of 
the  ballot  and  binding  on  the  upper  edge  thereof,  but  sepa- 
rated therefrom  by  a  line  running  along  the  entire  width  of 
said  coupon:  upon  said  coupon  shall  be  printed  the  words 
" Voter's  name"  with  a  line  drawn  thereunder  for  writing 
said  name,  and  under  the  said  line  the  words  "Number  of 
voter,"  followed  by  a  blank  space  for  the  insertion  of  num- 
ber. Before  distribution  said  ballots  shall  be  so  folded  in 
marked  creases  that  no  part  of  the  marks  or  printing  thereon, 
excepting  that  upon  the  back  and  outside,  and  that  upon  the 
detachable  stub  or  coupon  shall  be  visible,  and  so  that  the  fold- 
ed ballot  shall  be  of  uniform  width  and  length  and  of  proper 
width  to  be  deposited  in  the  ballot  boxes;  all  ballots  when 
printed  shall  be  folded  as  above  provided,  and  fastened  to- 
gether in  convenient  numbers  in  packages,  books  or  blocks,  so 
that  each  ballot  may  be  detached  and  removed  separately. 

The  aforegoing  provisions  shall  apply  only  to  Anne  Arun- 
del,  Calvert,  Charles,  Prince  George's,  St.  Mary's  counties. 

The  following  provisions  shall  apply  only  to  Baltimore 
city,  Allegany,  Baltimore,  Caroline,  Carroll,  Cecil,  Dor 
Chester,  Frederick,  Garrett,  Harford,  Howard,  Montgomery, 
Queen  Anne's,  Washington,  Wicomico,  Kent,  Somerset,  "Wor- 
cester and  Talbot  counties : 

59.  All  said  ballots  in  all  elections  in  and  throughout  the 
State  of  Maryland,  including  all  the  counties  thereof  and  Bal- 
timore city,  shall  *be  printed  in  the  same  uniform  type  upon 
plain  white  printing  paper  of  ordinary  book  weight  in  black 
ink,  and  the  names  of  all  candidates  and  their  several  party 
designations  shall  be  printed  upon  all  ballots  which  may  be 
used  in  any  and  all  elections  in  every  county  of  the  State  and 


OF  THE  STATE  OF  MARYLAND.  47 

in  the  city  of  Baltimore,  in  the  following  type,  to  wit :  in  clear, 
plain,  bold  and  legible  roman  capitals,  twelve  point,  generally 
known  as  pica  type,  one-eighth  of  an  inch  high,  or  in  depth, 
and  the  printing  of  said  names  of  said  candidates  and  of  their 
respective  party  designations*,  shall,  also  be  uniform  in  styl<- 
and  appearance  throughout  the  ballot  ;and  it  shall  he  the  duty 
of  the  Board  of  Supervisors  of  Elections  for  Baltimore  city. 
and  of  the  Board  of  Supervisors  of  Elections  for  each  county, 
to  cause  all  ballots  to  be  used  by  the  voters  of  said  city,  ami  of 
the  several  counties,  to  be  printed  in  fimrmei-  and  form  as 
aforesaid.  On  the  hack  and  outside  of  'ill  ballots  shall  be 
printed  the  words  "Official  Ballot  for,"  followed  by  the  des- 
ignation of  the  polling  place  for  which  it  is  prepared,  the  date 
of  the  election  and  a  fae-simile  of  the  signature  of  the  Presi- 
dent of  the  Board  of  Supervisors  of  Eleclfions,  by  whom  the 
ballots  have  been  prepared.  Said  ballot  shall  be  printed  on 
the  same  leaf  with  a  detachable  stub  or  coupon  one  inch  high 
and  three  inches  wide,  above  the  upper  right-hand  corner  of 
the  ballot,  and  binding  on  the  upper  edge  thereof,  but  se  ;>,•)- 
rated  therefrom  by  a  line  running  along  the  entire  width  of 
said  coupon.  Upon  said  coupon  shall  be  printed  the  words 
"Voter's  name,"  with  a  line  drawn  thereunder  for  writing 
said  name,  and  under  the  said  line  the  words  "Number  of 
voter,"  followed  by  a  blank  space  for  the  insertion  of  number. 
Before  distribution  said  ballots  shall  be  so  folded  in  marked 
creases  that  no  part  of  the  marks  or  printing  thereon,  except- 
ing that  upon  the  back  and  outside,  and  that  upon  the  detach- 
able stub  or  coupon,  shall  be  visible,  and  so  that  the  folded 
ballot  shall  be  of  uniform  width  and  length,  and  c£  proper 
width  to  be  deposited  in  the  ballot  boxes.  All  ballots  when 
printed  shall  be  folded  as  above  provided,  and  fastened  to- 
gether in  convenient  numbers  in  packages,  books  or  blocks,  so 
that  each  ballot  may  be  detached  and  removed  separately.  The 
said  Boards  of  Supervisors  of  Elections,  respectively,  shall 
four  days  at  least  prior  to  the  day  of  any  election  in  their  re- 
spective counties  and  in  said  city,  cause  to  be  conspicuously 
and  securely  posted  in  one  or  more  public  places  in  each  vot- 
ing precinct  of  their  respective  counties,  or  of  said  city,  ac- 
curate sample  copies  of  the  ballots  to  be  used  in  such  district 
or  precinct  ,  at  the  then  approaching  .election;  such  sample 
copies  shall  be  printed  on  light  cardboard  or  heavy-si/ed  pa 
per  of  considerably  magnified  dimensions,  and  one  of  them  at 
least  shall  be  placed  upon  the  exterior  of  each  building  in 
which  the  polls  will  be  held,  so  that  the  same  can  be  readily 
seen  and  examined  by  persons  passing  on  the  street  or  road. 

CHAPTER  202,  ACTS  OF  1896. 

60.     The  Supervisors  of  Elections  shall  provide  for  each 
election  precinct  in  the  several  counties  and  in  the  city  of 


48  liEG  TST  RATION   AND   ELECTION   LlAWS 

Baltimore,  two  packages,  each  containing  one  hundred  ballots 
for  every  one  hundred  or  fraction  of  one  hundred  voters 
shown  by  the  last  preceding  registration  in  said  precinct,  and 
shall  cause  each  package  to  be  sealed  and  clearly  marked  on 
the  outside  of  its  wrapper  with  the  name  of  the  precinct,  or 
polling  place,  for  which  it  is  intended  and  the  number  of  bal- 
lots enclosed.  One  of  said  two  packages  shall  be  delivered  to 
the  judges  of  election  with  the  ballot  boxes,  poll  books,  blanks 
and  stationery,  as  provided  in  Section  59  of  this  Article,  and 
the  other  packages  of  the  tickets,  one  for  every  precinct,  shall 
be  delivered  by  the  said  Board  of  Supervisors  of  Elections,  a 
sufficient  time  before  the  election,  to  the  Sheriffs  of  their  re- 
spective counties  or  to  the  Board  of  Police  Commissioners  of 
Baltimore  city,  as  the  case  may  be,  and  it  shall  be  the  duty  of 
the  said  Sheriffs  and  Board  of  Police  Commissioners  to  have 
them  on  the  day  of  election  within  said  polling  places,  respec- 
tively in  their  charge,  or  that  of  an  officer  designated  by  them, 
and  to  supply  them  to  any  judges  of  election,  who  shall  then 
make  requisition  therefor  in  writing,  stating  their  first  supply 
of  ballots  has  been  exhausted  or  that  for  any  cause  the  second 
set  is  needed.  Said  Sheriffs  and  Board  of  Police  Commission- 
ers shall  receipt  for  the  same,  and  keep  a  record  of  all  such 
second  sets  of  ballots  so  delivered  by  them  to  the  judges  of 
election,  and  they  shall,  on  the  day  after  election,  return  all 
packages  not  so  delivered  to  their  respective  Boards  of  Super- 
visors of  Elections,  who  shall  cause  them  to  be  destroyed  with- 
in ten  days  thereafter,  unless  the  destruction  thereof  be  stayed 
by  order  of  Court  pending  a  contest.  The  several  Boards  of 
Supervisors  shall  keep  a  record  of  the  number  of  all  ballots 
printed  for  each  polling  place  in  their  respective  counties  or 
city,  and  shall  preserve  the  same  for  at  least  six  months  after 
the  election  for  which  it  was  made. 

CHAPTER  2,  ACTS  OF  1901. 

61.  The  Supervisors  of  Elections  of  Baltimore  city  sliall 
deliver  to  the  Board  of  Police  Commissioners  of  Baltimore  city, 
not  more  than  three  days,  and  not  less  than  one  day,  preceding 
the  election,  the  two  registers  of  every  precinct  of  said  city, 
together  with  the  cards  of  instruction  and  ballot  box  there- 
for, the  latter  being  locked,  with  the  key  in  the  lock,  and  coi- 
taining  one  of  the  sealed  packages  of  ballots  for  said  precinct, 
the  specimen  ballots,  the  two  poll  books,  and  all  blanks,  in- 
delible pencils  and  stationery  required  for  such  election.  And 
the  said  Board  of  Police  Commissioners  shall  receipt  therefor, 
and  shall  deliver  or  cause  the  same  to  be  delivered  to  the 
judges  of  election  of  the  respective  precincts  at  or  before  the 
opening  of  the  polls  on  the  day  of  election.  Said  Boards  of 
Supervise rs  shall  keep  a  record  of  the  time  when  such  deliv 
eries  are  made  by  them  and  of  the  particulars  thereof. 


<>;••  THK  STATE  OF  MARYLAND.  49 

The  Supervisors  of  Elections  of  the  several  counties  shall 
not  more  than  three  days  prior  to  every  election,  and  not  less 
than  one,  make  up  into  sealed  packages  for  each  precinct  the 
two  registers  for  said  precinct,  together  with  the  cards  of  in- 
struction and  the  key  of  the  ballot  box  for  such  precinct,  hav- 
ing first  placed  in  the  ballot  box  one  of  the  sealed  packages  of 
ballots  for  said  precincts,  the  specimen  ballots,  the  two  poll 
books,  and  all  blanks,  indelible  pencils  and  stationery  required 
for  such  elections,  and  shall  deliver  or  cause  the  same  to  be  de- 
livered to  the  judges  of  election  of  the  respective  precincts  at 
or  before  the  end  of  the  day  preceding  the  day  of  election. 

Said  Boards  of  Supervisors  of  Elections  of  the  several  conn- 
tie's  shall  also  at  the  same  time,  that  is  to  say,  at  or  before  the 
end  of  the  day  preceding  the  day  of  election,  deliver  to  the 
judges  of  election  of  the  several  precincts  or  districts  the  other 
sealed  package  of  tickets  mentioned  in  Section  58 ;  said  Board 
of  Supervisors  of  Elections  shall  in  like  manner  keep  a  record 
of  the  time  when  such  deliveries  are  made  by  them,  and  of  the 
particulars  thereof.  Said  several  Boards  of  Supervisors  in 
the  counties  are  hereby  respectively  authorized  and  directed 
to  make  adequate  provision  for  the  performance  of  the  duty 
imposed  upon  them  by  this  section,  and  the  County  Commis- 
sioners of  the  several  counties  shall  pay  the  expenses  incurred 
in  the  performance  thereof. 

Should  said  Boards  of  Supervisors  fail  or  neglect  to  make 
the  delivery  by  the  time  prescribed  by  this  section,  it  shall  be 
the  duty  of  the  judge,  designated  beforehand  by  the  Super- 
visors, to  take  charge  of  the  ballot  box.  as  provided  in  Section 
77  of  this  Article,  to  immediately  send  to  the  Supervisors 
therefor,  and  to  obtain  the  same  as  soon  as  practicable,  in  or- 
der that  the  election  may  be  duly  held,  the  cost  hereby  incur- 
red to  be  paid  by  the  County  Commissioners  as  a  part  of  the 
election  expenses.  For  failure  or  neglect  on  the  part  of  the 
Supervisors  of  Elections,  the  Board  of  Police  Commissioners, 
or  any  person  employed  by  them  respectively,  in  the  discharge 
of  the  duties  required  of  them  by  this  section,  or  said  judges, 
or  any  person  employed  by  them  to  perform  the  duties  im- 
posed upon  them  respectively,  by  this  section,  they  shall  re- 
spectively be  subject  to  indictment  for  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  subject  to  the  penalties  pre- 
scribed by  Section  94  of  this  Article. 

CHAPTER  202,  ACTS  OF  1896. 

62.  The  judges  of  elections,  and  each  of  them,  shall  have 
authority  to  keep  the  peace,  and  to  cause  any  person  to  be  ar- 
rested for  any  breach  of  the  peace,  or  for  any  breach  of  the 
election  laws,  or  any  interference  with  the  progress  of  an  elec- 
tion, or  of  the  canvass  of  the  ballots ;  and  it  shall  be  the  duty 
of  all  officers  of  the  law  present  to  obey  the  order  of  any  judge 


50  REGISTRATION  AND  ELECTION  LAWS 

of  election,  and  an  officer  making  an  arrest  by  the  direction 
of  any  judge,  shall  be  protected  in  so  doing  as  fully  as  if  a 
warrant  had  been  issued  to  him  to  make  such  arrest. 

CHAPTER  202,  ACTS  OF  1896. 

63.  The  polling  places  shall  be  opened  by  the  judges  at  six 
o'clock  in  the  morning  in  the  city  of  Baltimore,  and  at  eight 
o'clock  in  the  morning  in  the  counties,  and  in  said  city  shall 
be  kept  open  until  five  o'clock,  and  in  the  counties  until  six 
o'clock,  in  the  afternoon  of  the  same  day,  at  which  time  the 
polls  shall  be  closed.  If  any  judge  or  clerk  shall  not  be  pres- 
ent at  the  expiration  of  fifteen  minutes  after  the  time  for 
opening  the  "polls,  the  judge  or  judges  present  shall  fill  the 
place  of  such  absent  judge  or  clerk  by  appointing  in  his  stead 
a  person  of  the  same  political  party  as  the  absentee.  One  of 
the  judges  shall  administer  to  such  substitute  the  oath  re- 
quired of  the  judge  or  clerk  originally  appointed.  After  the 
opening  of  the  polls  no  judge  or  clerk  shall  absent  himself 
therefrom  until  all  the  ballots  cast  shall  have  been  counted 
and  the  returns  completed.  If,  in  case  of  absolute  necessity, 
any  judge  or  clerk  in  attendance  shall  be  compelled  to  absent 
himself,  he  shall  appoint  some  fit  person  of  the  same  political 
party  with  himself  to  act  in  his  stead  until  his  return,  having 
first  administered  to  such  substitute  the  same  oath  as  he  him- 
self has  taken.  Blank  forms  for  the  appointment  of  substi- 
tute judges  and  clerks  and  of  the  oath  aforesaid  shall  be  sup- 
plied by  the  supervisors,  and  the  oath,  when  administered, 
shall  be  preserved  and  returned  by  the  judges  to  the  super- 
visors. The  appointment  and  swearing  in  of  all  such  substi- 
tutes and  the  reason  therefor,  and  the  time  when  such  sub- 
stitutes began  and  ceased  to  serve,  shall  be  noted  by  the  judges 
in  the  poll  book  of  the  precinct ;  such  substitute  shall  cease  to 
act  whenever  the  judge  or  clerk  in  whose  stead  he  was  ap- 
pointed shall  be  present. 

CHAPTER  202,  ACTS  OF  1896. 

64.  Each  political  party  or  other  body  of  voters  having  a 
candidate  or  candidates  duly  nominated,  shall  have  the  right 
to  designate  and  keep  a  challenger  and  watcher  at  each  place 
of  registration  and  election,  who  shall  be  assigned  to  such 
position  near  the  judges  of  elections,  inside  the  registration 
or  polling-room  as  to  enable  them  to  see  each  person  as  he  of- 
fers to  register  or  vote,  and  they  shall  be  protected  in  the  dis- 
charge of  their  duty  by  the  judges  of  election  and  the  police. 
A  certificate  signed  by  the  candidates  or  by  the  presiding 
officer  of  the  chief  managing  committee  of  their  party  in  the 
eity  or  county,  shall  be  sufficient  evidence  of  the  right  of  such 
challenger  and  watcher  to  be  present  in  the  registration  or 


OP  THE  STATE  OF  MARYLAND.  51 

polling-room.  In  case  any  challenger  or  watcher  does  not 
produce  such  certificate,  the  judges  of  election  shall  recognize 
a  challenger  or  watcher  vouched  for  by  the  persons  present 
belonging  to  such  political  party  or  by  the  judge  representing 
such  party.  Such  challenger  and  watcher  shall  have  the  right 
to  remain  in  the  polling-room,  outside  the  rail  hereinafter 
mentioned,  from  the  time  the  polls  are  opened  until  they  are 
closed,  and  after  that  time  he  shall  be  permitted  to  remain 
within  the  rail  until  the  returns  are  completed.  The  refusal 
to  permit  any  such  challenger  so  to  remain  shall  be  a  misde- 
meanor, punishable  by  a  fine  not  exceeding  one  thousand  dol- 
lars, or  by  imprisonment  not  exceeding  one  year  or  by  both 
fine  and  imprisonment;  but  it  shall  be  unlawful  for  any  such 
challenger  to  inquire  or  ascertain  for  what  candidate  or  can- 
didates any  voter  may  intend  to  vote  or  has  voted,  or  to  con- 
fer in  the  polling-room  with  any  voter,  or  to  assist  him  in  the 
preparation  of  his  ballot,  and  any  challenger  offering  or  at- 
tempting to  do  so  may  lawfully  be  ejected  by  the  judges,  and 
shall^  also  be  subject  to  the  punishment  hereinafter  provided. 
A  challenger  or  watcher  may  be  removed  at  any  time  by  the 
same  person  or  committee,  or  by  the  chairman  of  the  commit- 
tee which  appointed  him.  Citizens,  other  than  accredited  chal- 
lengers or  watchers,  who  desire  to  challenge  the  vote  of  any 
person  then  inside  the  polling-room,  shall  be  permitted  to  en- 
ter said  room  for  that  purpose,  but  a  majority  of  the  judges 
may  limit  the-  number  of  persons  to  be  allowed  in  the  polling- 
room  at  any  one  time  for  such  purpose,  arid  all  such  persons 
shall  leave  the  polling-room  as  soon  as  the  right  to  vote  of  the 
person  challenged  by  them  shall  have  been  decided. 

CHAPTER  202,  ACTS  OF  1896. 

65.  Each  clerk  of  election  shall  keep  a  poll-book  containing 
a  column  headed  " Number ",  and  another  headed  "Name  of 
Voter".     All  entries  therein  shall  be  made  in  ink,  and  the 
number  and  name  of  each  person  to  whom  a  ballot  is  given 
shall  be  entered  on  each  of  the  poll-books  by  the  clerk  having 
charge  thereof  in  regular  succession  under  the  proper  head- 
ing, the  number  of  such  voter  being  placed  opposite  his  name 
in  the  column  head  " Number",  but  if  the  vote  of  any  person 
whose  name  has  thus  been  entered  on  poll-books  shall  be  after- 
wards rejected  by  the  judges,  the  clerks  shall  thereupon  draw 
a  line  through  his  name  and  number,  as  hereinafter  pro- 
vided. 

CHAPTER  202,  ACTS  OF  1896. 

66.  The  Supervisors  of  Elections  shall  provide  in  each  room 
designated  by  them  as  polling  places  a  sufficient  number  of 
voting  booths  or  compartments,  in  which  voters  may  conven- 


52  REGISTRATION  AND  ELECTION  LAWS 

iently  mark  their  ballots.  Said  booths  or  compartments  shall 
be  constructed  of  plank  not  less  than  one  inch  in  thickness, 
and  shall  be  of  such  width,  depth  and  height  that  the  voter, 
in  making  his  ballot  therein,  shall  be  screened  from  the  obser- 
vations of  others,  and  for  this  purpose  a  short  curtain  shall  be 
hung  across  the  front  of  each  compartment  at  a  convenient 
height,  and  so  as  to  extend  a  little  below  the  shelf  hereinafter 
mentioned.  Each  compartment  shall  have  a  shelf  within  the 
same,  and  shall  be  provided  with  proper  supplies  and  conven- 
iences for  making  the  ballots,  and  a  guard-rail  shall  be  con- 
structed in  said  polling  place  so  as  to  divide  the  space  occu- 
pied by  the  judges  of  election  and  other  officials  and  persons 
permitted  by  law  to  be  within  the  same  from  the  public;  said 
guard-rail  shall  have  an  entrance  and  exit  therein,  and  shall 
also  be  so  constructed  and  placed  that  only  persons  who  are 
inside  said  rail  can  approach  within  five  feet  of  the  ballot- 
boxes.  The  arrangement  of  such  polling  places  shall  be  such 
that  neither  the  ballot-boxes  nor  the  voting  booths  or  compart- 
ments shall  be  hidden  from  view  of  those  just  outside  of^said 
guard-rail.  The  number  of  such  compartments  shall  not  be 
less  than  one  for  every  one  hundred  voters  qualified  to  vote  at 
such  polling  place,  and  not  less  than  five  in  any  city,  and  not 
less  than  three  in  any  polling  place  in  any  county.  No  person 
other  than  the  voters  engaged  in  preparing  or  depositing  their 
ballots  and  the  election  officers  shall  be  permitted  to  be  within 
said  rail,  unless  by  authority  of  the  judges  of  election,  for 
the  purpose  of  keeping  order  and  enforcng  the  law.  The  bal- 
lot-box shall  be  within  said  rail  not  more  than  six  feet  there- 
from. The  expense  of  providing  such  booths  or  compartments 
and  guard-rail  shall  be  a  public  charge,  and  the  same,  after 
the  election  is  over,  shall  be  preserved  by  the  Supervisors  of 
Elections  for  subsequent  use. 

CHAPTER  202,  ACTS  OF  1896. 

67.  As  soon  as  the  polls  are  opened  and  immediately  be- 
fore any  ballots  are  received  by  the  judges,  they  shall  open 
every  ballot-box  used  or  to  be  used,  and  having  taken  there- 
from the  poll-books,  ballots  and  all  the  blanks  and  stationery 
provided  by  the  Supervisors  of  Elections,  they  shall  permit  all 
persons  rightfully  present  to  examine  such  ballot-boxes  and 
every  part  thereof,  so  that  they  may  be  satisfied  as  to  the 
structure  thereof,  and  that  such  ballot-box  is  empty.  The  bal- 
lot-box shall  then  be  locked  and  the  key  delivered  to  one  of 
the  judges,  and  shall  not  again  be  opened  until  the  closing  of 
the  polls ;  and  until  such  closing  each  ballot-box  shall  be  kept 
constantly  in  sight  of  all  persons  entitled  to  be  present,  and 
shall  be  so  placed  that  the  voter  offering  his  ballot  and  the 
judges  and  clerks  and  all  persons  entitled  to  be  present  may 


OF  THE  STATE  OF  MARYLAND.  53 

conveniently  see  every  ballot  deposited  therein.  The  sealed 
package  of  ballots  shall  not  be  opened  until  after  the  ballot- 
box  shall  have  been  so  examined,  closed  and  locked  by  the 
judges. 

CHAPTER  2,  ACTS  OF  1901. 

68.  At  every  election  each  qualified  voter  shall  be  entitled 
to  receive  one  official  ballot.  The  person  applying  therefor  to 
the  judge  of  election  holding  the  ballots  shall  give  his  name 
and  residence,  and  the  said  judge  shall  repeat  the  same  in  a 
loud  and  distinct  voice;  and  if  such  name  be  found  upon  the 
registry  by  the  judges  having  the  custody  thereof,  they  shall 
repeat  the  said  name,  and  the  voter  shall  be  allowed  to  enter 
the  space  enclosed  by  the  guard-rail,  arid  the  judge  holding 
the  ballots,  having  first  written  in  ink  the  voter's  name  and 
number  upon  the  coupon  attached  to  one  of  them,  shall  deliver 
said  ballot  to  the  voter  after  having  likewise  written  in  ink  his 
own  name  or  initials  upon  the  back  thereof,  arid  the  two  clerks 
of  election  shall  at  the  same  time  enter  the  name  of  the  voter 
upon  their  poll-books.  Upon  receipt  of  his  ballot  the  voter 
shall  forthwith,  and  without  leaving  the  enclosed  space,  retire 
alone  to  one  of  the  booths  or  compartments  and  prepare  his 
ballot  by  marking  with  an  indelible  pencil  after  the  name  of 
every  person  or  persons  for  whom  he  intends  to  vote  and  to 
the  right  thereof,  in  the  blank  space  provided  therefor  a  cross 
—for  example  (X) — and  in  case  of  a  question  submitted  to  a 
vote  of  the  people  by  marking  likewise  in  the  appropriate 
space  a  cross  mark  (X)  against  the  answer  which  he  desires 
to  give.  No  more  than  one  voter  shall  be  permitted  to  occupy 
any  one  booth  or  compartment  at  one  time,  and  no  voter  shall 
remain  in  or  occupy  a  booth  longer  than  may  be  necessary  to 
prepare  his  ballot,  and  in  no  event  longer  than  seven  minutes 
in  case  all  such  booths  or  compartments  are  in  use,  and  other 
voters  are  waiting  to  occupy  the  same.  Before  leaving  the 
voting  booth  or  compartment  the  voter  shall  fold  his  ballot 
without  displaying  the  marks  thereon,  and  in  the  same  way  it 
was  folded  when  received  by  him,  and  he  shall  keep  the  same 
so  folded  until  he  has  voted,  and  so  that  the  signature  or 
initials  of  the  judge  from  whom  he  received  it,  and  the  name 
and  number  written  on  the  coupon  thereof,  but  nothing  else 
thereon  may  be  seen.  He  shall  forthwith  hand  his  said  ballot 
to  the  judge  at  the  ballot-box  and  shall  give  his  name  and  resi- 
dence, and  upon  his  being  identified  as  the  person  who  re- 
ceived said  ballot,  the  judge  shall  deposit  his  ballot  in  the  box, 
having  first  detached  therefrom  its  coupon,  which  he  shall 
then  string  upon  a  cord  or  wire  to  be  provided  for  the  pur- 
pose, and  the  said  voter  shall  forthwith  leave  the  enclosed 
space.  The  judges  having  charge  of  the  registers  shall  then 
in  the  columns  therein  headed  "  Voted "  in  the  same  line  with 


f>4  REGISTRATION  AND  ELECTION  LAWS 

the  name  of  the  voter  mark  the  word  " Voted "  or  the  letter 
"V7.  No  ballot  without  the  indorsement  of  the  name  or  ini- 
tials of  the  judges  thereon  as  hereinbefore  provided,  shall  be 
deposited  in  said  ballot-box,  but  if  deposited  shall  be  counted 
for  the  purpose  of  ascertaining  the  number  thereof,  and  the 
judges  shall  in  ink  mark  on  the  back  thereof  the  word 
''Counted",  and  indorse  their  names. 

CHAPTER  2,  ACTS  OF  1901. 

69.  Assistance  in  marking  their  ballots  shall  be  given  to 
voters  who  shall  declare,  under  oath,  to  the  judges  of  elec- 
tion that  by  reason  of  blindness  or  physical  disability  they  are 
unable  without  assistance  to  mark  their  ballot.    Upon  making 
and  filing  with  the  judges  such  affidavit  the  voter  shall  retire 
to  one  of  the  booths  wth  the  two  clerks,  and  then  and  there 
one  of  said  clerks  in  the  presence  of  the  other,  shall  mark  the 
ballot  as  such  voter  shall  direct,  the  voter  himself  naming  one 
by  one  the  candidates  for  whom  he  desires  his  ballot  to  be 
marked  and  not  indicating  the  candidates  by  a  general  desig- 
nation as  the  candidates  of  one  political  party.     The  ballots 
shall  not  be  read  to  such  voter,  nor  shall  any  suggestion  of  any 
kind  be  made  by  either  of  said  two  clerks  to  show  him  as  to 
how  his  ballot  is  to  be  marked,  but  the  only  assistance  which  it 
shall  be  lawful  for  the  clerks  to  give  him  is  to  mark  the  ballot 
as  he,  without  prompting  or  suggestion  from  them,  or  either 
of  them  shall  direct,  but  no  ballot  shall  be  marked  under  this 
section  until  a  majority  of  the  judges  of  election  shall  be  sat- 
isfied of  the  truth  of  the  fact  stated  in  such  affidavit.    Voters 
who  are  not  disabled  by  blindness  or  physical  injury  from 
marking  their  ballots  shall  not  be  entitled  to  receive  assistance 
in  marking  them.     And  with  the  exception  in  favor  of  per- 
sons blind  or  incapable  from  physical  injury  of  marking  their 
ballots  without  assistance,  no  distinction  or  discrimination  in 
the  matter  of  assistance  in  marking  ballots  shall  be  made  for 
or  against  any  duly  registered  voter  for  any  cause  whatever. 

CHAPTER  202,  ACTS  OF  1896. 

70.  Any  voter  who  shall,  by  accident  or  mistake,  spoil  his 
ballot  so  that  he  cannot  conveniently  vote  the  same,  may,  on 
returning  said  spoiled  ballot  to  the  judge  holding  the  ballots, 
receive  another  in  place  of  it,  with  his  name  and  the  same 
number  written  on  the  coupon  thereof,  as  on  the  ballot  so  re- 
turned, but  no  voter  shall  receive  more  than  three  ballots 
from  said  judge  for  the  reason  aforesaid.    The  ballots  thus  re- 
turned shall  be  immediately  cancelled  by  endorsing  thereon 
the  word  " spoiled",  and,  together  with  those  not  distributed 
to  the  voters,  shall  be  preserved  and  returned  to  the  Super- 


OF  THE  STATE  OF  MARYLAND.  55 

visors  of  Elections,  as  hereinafter  provided.  Every  voter  who 
does  not  vote  any  ballot  delivered  to  him,  shall,  before  leav- 
ing the  polling  place,  return  such  ballot  to  the  judge  from 
whom  he  received  it,  and  said  returned  ballot  shall  be  re- 
tained as  if  said  ballot  had  been  spoiled.  When  anyone  claim- 
ing to  be  a  person  whose  name  appears  upon  the  regsiters. 
shall  make  application  for  a  ballot,  his  right  to  vote  at  that 
election  may  be  challenged,  but  shall  not  be  determined  until 
after  he  has  marked  his  ballot  and  delivered  it  to  the  judge  at 
the  ballot-box.  The  person  challenging  shall  assign  his  rea- 
son therefor,  and  one  of  the  judges  shall  thereupon  administer 
to  the  person  offering  to  vote  an  oath  to  make  true  answers  to 
questions,  and  if  he  shall  take  said  oath,  he  shall  be  questioned 
by  the  judge  or  judges  touching  said  cause  of  challenge,  and 
he  may  also  be  questioned  by  the  person  challenging  him  in 
regard  thereto,  and  if  a  majority  of  the  judges  are  of  the  opin- 
ion that  he  is  the  person  so  registered,  his  vote  shall  be  re- 
ceived accordingly.  No  one  who  is  not  registered  as  a  quali- 
fied voter  of  the  precinct  shall  be  entitled  to  vote  or  to  receive 
a  ballot,  but  no  vote  shall  be  rejected  because  of  an  error  in 
the  spelling  of  a  voter's  name  or  because  of  the  wrongful  omis- 
sion or  addition  of  one  or  more  initials  of  his  middle  name  or 
names,  or  because  the  voter  gives  the  initials,  one  or  more  of 
his  Christian  or  given  names  instead  of  his  full  name,  or  one 
or  more  of  his  Christian  or  given  name  or  names,  instead  of 
the  initial  or  initials  thereof,  or  because  of  an  error  in  the 
number  of  his  residence  on  the  register,  provided  a  majority 
of  the  judges  are  satisfied  that  the  person  offering  to  vote  is 
the  identical  person  who  is  registered,  and  that  he  intended  to 
register  his  true  name  and  residence.  Unless  a  majority  of 
the  judges  are  of  the  opinion  that  the  person  so  challenged 
is  entitled  to  vote,  the  judge  at  the  ballot-box  shall  endorse 
upon  his  ballot  the  word  "rejected",  and  return  the  same, 
still  folded,  and  with  its  coupon  attached,  to  the  judge  hold- 
ing the  ballots  and  the  clerks  of  election  shall  draw  a  line 
through  the  name  and  number  of  said  person  so  entered  on 
their  poll-books,  and  write  thereafter  the  word  "rejected",  or 
if  for  any  other  reason  a  person  who  has  received  a  ballot  shall 
leave  the  polling  place  without  voting,  they  shall  likewise  draw 
a  line  through  his  name  and  number  on  the  poll-books,  and 
write  thereafter  the  words  "did  not  vote".  All  ballots  re- 
turned to  the  judge  holding  the  ballots  shall  immediately  be 
strung  by  him  upon  a  cord  or  wire,  provided  for  the  purpose, 
still  folded,  and  with  the  coupons  still  attached,  and  each  en- 
dorsed upon  the  back  thereof  with  the  words  "spoiled",  or 
"rejected",  or  "not  voted ",  as  the  case  may  be,  and  all  such 
ballots  shall  be  returned  to  the  Supervisors  of  Elections,  as 
hereinafter  provided. 


">()  KKCTSTKATIOX  AND  ELECTION  LAWS 

CHAPTER  544,  ACTS  OF  1906. 

71 .  As  soon  as  the  election  polls  shall  have  been  closed,  the 
judges  in  their  several  precincts  shall  i  in  mediately,  and  at  the 
place  of  polling,  proceed,  as  hereinbefore  provided,  to  canvass 
the  votes  cast,  having  first  sealed  up  the  unused  ballots  re- 
maining of  the  package  last  broken  by  them  and  endorse  the 
same  with  their  signatures  as  unused  ballots.  The  canvass 
shall  not  be  adjourned  nor  postponed  until  it  shall  have  been 
fully  completed,  or  until  the  several  statements  and  tally  - 
sheets  hereinafter  required  to  be  made  by  the  judges  and 
clerks  shall  have  been  made  out,  signed  and  sealed  by  them. 
The  judges  shall  have  the  right  to  station  police  officers  or 
officers  of  the  peace  within  the  room  wherein  such  canvass  is 
made,  in  order  to  keep  the  peace.  The  challengers  and  watch- 
ers shall  be  allowed  to  be  present  inside  the  guard-rail  and  so 
near  that  they  can  see  that  the  judges  and  clerks  are  faith- 
fully performing  their  duties. 

CHAPTER  202,  ACTS  OF  1896. 

72.  Immediately  after  the  closing  of  the  polls,  before  the 
ballot-box  is  opened,  all  the  coupons  taken  from  the  ballots 
cast  shall  be  destroyed,  and  each  of  the  election  clerks  shall 
write  his  name  in  each  of  the  poll-books,  immediately  under 
the  name  of  the  last  voter,  and  the  judges  shall  write  in  ink 
opposite  to  and  against  the  name  of  each  person  entered  in 
their  registers  who  is  not  shown  by  said  registers  to  have 
voted,  and  in  the  appropriated  column  headed  "Voted"  the 
word  "no",  so  that  the  said  column  may  be  wholly  filled  up, 
and  the  judges  shall  then  compare  the  registers,  make  them 
agree  and  ascertain  the  number  of  persons,  who  by  said  regis- 
ters, are  shown  to  have  voted  at  that  polling  place  on  that  day, 
and  when  they  have  made  comparison  and  ascertained  such 
facts,  they  shall  announce  the  same  in  a  loud  voice. 

CHAPTER  225,  ACTS  OF  1914. 

73.  The  judges  shall  open  the  ballot-box  and  count  and 
announce  the  whole  number  of  ballots  in  the  box.    They  shall 
reject  any  ballots  which  are  deceitfully  folded  together,  and 
any  ballots  which  do  not  have  indorsed  thereon  the  name 
or  initial  of  the  judge  who  held  the  ballots,  or  if  there  shall 
be  any  mark  OIL  the  ballot  other  than  the  cross-mark  in  a 
square  opposite  the  name  of  a  candidate,  or  other  than  the 
name  or  names  of  any  candidate  written  by  the  voter  on  the 
ballot  as  provided  in  Section  54,  such  ballot  shall  not   be 
counted.    Ballots  not  counted  for  such  defects  shall  be  marked 
"Defective"  on  the  back  thereof  and  shall  be  wrapped  in  a 


OF  THIS  STATK  OF  M AKYLAND.  57 

separate  package  and  returned  to  the  ballot-box  as  herein- 
after directed.  No  vote  shall  be  counted  for  any  candidate 
opposite  whose  name  no  cross:mark  shall  be  placed,  and  no 
ballot  shall  be  rejected  solely  because  any  part  or  portion  of 
the  cross-mark  extends  beyond  the  square,  if  the  point  of  in- 
tersection of  the  cross-mark  is  within  the  square  or  because 
the  voter  has  marked  more  names  than  there  are  persons  to  be 
^looted,  to  an  office,  but  such  ballots  shall  not  be  counted  for 
any  candidate  in  the  group  of  names  so  marked.  They  shrill 
open  the  ballots,  and  all  of  them  shall  be  canvassed  separately 
by  one  of  the  judges  sitting  between  two  other  judges,  which 
judge  shall  call  out  each  name  and  the  office  for  which  it  is 
designated  and  the  other  judges  looking  at  the  ballot  at  the 
same  time,  and  the  clerks  making  tally  of  the  same.  When 
all  the  ballots  have  been  canvassed  in  this  manner,  the  election 
clerks  shall  compare  their  tallies  together  and  ascertain  the 
total  number  of  votes  received  by  each  candidate,  and  when 
they  agree  upon  the  numbers,  one  of  them  shall  announce  in 
a  loud  voice  to  the  judges  the  aggregate  number  of  votes  re- 
reived  by  each  candidate.  If  requested  by  any  watcher  or 
challenger  present  at  any  canvass  it  shall  be  the  duty  of  the 
judges  and  each  of  them  to  exhibit  to  such  watcher  or  chal- 
lenger any  ballot  cast,  fully  opened  or  in  such  condition  and 
manner  that  he  may  fully  read  and  examine  the  same,  but 
the  judges  shall  not  allow  any  ballot  to  be  taken  from  their 
hands.  As  the  ballots  are  counted  they  shall  be  strung  upon 
a  strong  twine. 

The  foregoing  provisions  to  apply  to  Baltimore  City,  Balti- 
more County,  Garrett  County,  Allegany  County,  Washington 
County,  Frederick  County,  Carroll  County,  Harford  County, 
Montgomery  County,  Howard  County.  Prince  George's 
County,  Calvert  County,  Charles  County,  St.  Mary's  County. 
Cecil  County,  Kent  County,  Queen  Anne's  County,  Talbot 
County,  Caroline  County,  Dorchester  County,  Wicomico 
County,  Somerset  County  and  Worcester  County. 

CHAPTER  225,  ACTS  OF  1914. 

73  A.  This  section  shall  apply  only  to  Anne  Arundel  Coun- 
ty, in  which  county  the  judges  shall  open  the  ballot-box  and 
count  and  announce  the  whole  number  of  ballots  in  the  box, 
they  shall  reject  any  ballots  which  arc  deceitfully  folded  to- 
gether, and  any  baljpts  which  do  not  have  endorsed  thereon 
the  name  or  initials  of  the  judge  who  held  the  ballots;  if  the 
voter  has  marked  more  names  than  there  are  persons  to  be 
elected  to  any  office,  or  if  there  shall  be  any  mark  on  the  ballot 
other  than  the  cross-mark  in  a  square  opposite  the  name  of  a 
'•andida.te,  or  other  than  the  name  or  names  of  any  candidate 
written  by  the  voter  on  the  ballot  as  provided  in  Section  54. 
his  ballot  shall  not  be  counted.  Ballots  not  counted  for  su«-h 


r^s  REGISTRATION  AND  ELECTION  LAWS 

defects  shall  be  marked  "defective"  on  the  back  thereof  and 
shall  be  wrapped  in  a  separate  package  and  returned,  to  the 
ballot-box  as  hereinafter  directed.  No  vote  shall  be  counted 
for  any  candidate  opposite  whose  name  no  cross-mark  shall  be 
placed,  and  no  ballot  shall  be  rejected  solely  because  any  part 
or  portions  of  the  cross-mark  extends  beyond  the  square,  if  the 
point  of  intersection  of  the  cross-mark  is  within  the  square. 
They  shall  open  the  ballots  and  all  of  them  shall  be  canvassed 
separately  by  one  of  the  judges  sitting  between  two  other 
judges,  which  judge  shall  call  out  each  name  and  the  office  for 
which  it  is  designated  and  the  other  judges  looking  at  the  bal- 
lot at  the  same  time,  and  the  clerks  making  tally  of  the  same. 
When  all  the  ballots  have  been  canvassed  in  this  manner,  the 
election  clerks  shall  compare  their  tallies  together  and  ascer- 
tain the  total  number  of  votes  received  by  each  candidate,  and 
when  they  agree  upon  the  numbers  one  of  them  shall  announce 
in  a  loud  voice  to  the  judges  the  aggregate  number  of  votes 
received  by  each  candidate.  If  requested  by  any  watcher  or 
challenger  present  at  any  canvass,  it  shall  be  the  duty  of  the 
judges  and  each  of  them  to  exhibit  to  such  watcher  or  chal- 
lenger any  ballot  cast,  fully  opened  or  in  such  condition  and 
manner  that  he  may  fully  read  and  examine  the  same,  but  the 
judges  shall  not  allow  any  ballot  to  be  taken  from  their  hands. 
As  the  ballots  are  counted  they  shall  be  strung  upon  a  strong 
twine. 

CHAPTER  202,  ACTS  OF  1896. 

74.  When  the  canvass  of  the  ballots  shall  have  been  com- 
pleted, and  the  clerks  shall  have  announced  to  ,the  judges  the 
total  number  of  votes  received  by  each  candidate,  each  of  the 
judges  or  election,  in  turn,  shall  then  proclaim  in  a  loud  voice 
the  total  number  of  votes  received  by  each  person  voted  for  in 
such  precinct  and  the  office  for  which  he  is  designated,  and 
the  number  of  votes  for  and  the  numbers  of  votes  against  any 
proposition  which  shall  have  been  submitted  to  the  vote  of  the 
people ;  such  proclamation  shall  be  prima  facie  evidence  of  the 
result  of  the  canvass  of  such  ballots.    In  the  city  of  Baltimore 
the  judges  shall,  immediately  after  such  proclamation,  deliver 
to  a  policeman  on  duty  at  the  polling  place  a  statement  sub- 
scribed with  their  names,  which  shall  be  sealed  up  and  forth- 
with conveyed  by  the  said  policeman  to  the  office  of  the  Board 
of  Police  Commissioners,  whose  duty  it  shall  be  to  file  and 
preserve  the  same.     Such  statements  shall  contain  the  total 
i  uiinber  of  votes  in  the  ballot-box  and  #ie  number  of  votes 
found  therein  for  each  and  every  candidate,  and  any  person 
applying  may  inspect  the  same. 

CHAPTER  544,  ACTS  OF  1906. 

75.  The  judges  shall  make  duplicate  statements  or  returns 
of  the  results  of  the  canvass,  each  of  which  shall,  if  possible. 


OF  THE  STATE  OF  MARYLAND.     *  59 

be  made  upon  a  single  sheet  of  paper  and  shall  contain  a  cap- 
tion stating  the  day  on  which  and  the  number  of  the  election 
precinct,  and  the  county  or  ward  of  the  city  in  relation  to 
which  said  statement  shall  be  made,  and  the  time  of  opening 
and  closing  the  polls  of  such  precinct,  and  showing  the  whole 
number  of  votes  in  the  ballot-box,  and  the  whole  number  of 
votes  given  for  each  person,  designating  the  office  for  which 
they  were  given.  Such  statement  shall  be  written  or  partly 
written  and  partly  printed  in  words  at  length,  and  in  case  a 
proposition  of  any  kind  has  been  submitted  to  a  vote  at  such 
election,  such  statements  shall  also  show  in  like  manner  the 
whole  number  of  votes  cast  for  or  against  such  proposition, 
and  at  the  end  of  such  statement  shall  be  written  a  certificate 
that  the  same  is  correct  in  all  respects ;  which  certificate  and 
each  sheet  of  paper  forming  a  part  of  the  statement  shall  be 
subscribed  by  the  judges  and  clerks.  If  any  judge  or  clerk 
shall  decline  to  sign  such  returns  he  shall  state  his  reason 
therefor  in  writing  and  a  copy  thereof,  signed  by  himself, 
shall  be  enclosed  with  each  return.  Each  of  the  statements 
shall  be  enclosed  in  an  envelope  which  shall  then  be  securely 
sealed  with  sealing  wax  or  other  adhesive  material,  and  each 
of  the  judges  and  clerks  shall  write  his  name  across  the  fold 
of  the  envelope.  One  of  the  envelopes  shall  be  directed  to  the 
•'lerk  of  the  Circuit  Court  of  the  county  or  the  Superior  Court 
of  Baltimore  City,  as  the  ca.se  may  be,  and  one  to  the  County 
Commissioners  or  to  the  Mayor  of  the  city  of  Baltimore,  as 
the  case  may  be.  Each  set  of  tallies  shall  .also  be  signed  by  the 
election  clerks  and  the  judges  of  election,  and  each  shall  be 
enclosed  in  an  envelope  securely  signed  and  sealed  as  afore- 
said, one  of  which  shall  be  addressed  to  the  Board  of  Super- 
visors of  Elections  and  the  other  to  the  Register  of  Wills.  If 
any  judge  or  clerk  shall  decline  to  sign  said  set  of  tallies  or 
either  of  them,  he  shall  state  his  reason  therefor  in  writing 
aaid  a  copy  thereof,  signed  by  himself,  shall  be  enclosed  with 
^aeh  tally  sheet.  On  the  outside  of  every  envelope  shall  be 
endorsed  the  statement  that  it  contains  the  votes  cast  or  the 
tallies,  and  for  what  precinct,  ward,  city  or  county. 

CHAPTER  202.  ACTS  OF  1896. 

'.  76.  The  "spoiled"  and  "not  voted"  ballots,  as  defined  in 
Section  68,  shall  be  enclosed  in  a  package  to  themselves  and 
endorsed  "spoiled  and  not  voted";  the  "rejected"  or  "defec- 
tive" ballots,  as  defined  in  said  section,  and  Section  71.  shall 
be  enclosed  in  a  package  to  themselves,  and  endorsed  "reject- 
ed and  defective".  The  poll-books  and  the  ballots  cast  and 
counted,  as  well  as  the  two  before-mentioned  packages  of 
•'spoiled",  "not  voted",  "rejected"  and  "defective"  ballots, 
shall  be  placed  in  the  ballot-box,  and  the  ballot-box  shall  then 


60  PEGISTRATION  AND  ELECTION  LAWS 

be  locked  and  the  key  removed,  whereupon  the  judges  of 
election  shall  all  write  their  names  upon  a  strip  of  paper  of 
sufficient  length  for  the  following  purposes:  Said  strip  of 
paper  shall  then  be  pasted  over  the  keyhole  of  said  ballot-box 
and  over  the  slit  in  the  lid,  in  such  manner  that  the  signature 
shall  extend  across  the  place  of  the  opening  of  the  lid.  and  so 
that  when  the  box  is  opened  it  will  tear  the  paper  and  destroy 
the  signatures,  and  so  that  when  the  key  is  inserted  in  the  key- 
hole it  will  tear  the  paper  so  pasted  over  the  keyhole.  Such 
paper  shall  be  securely  fastened  to  the  box  with  sealing  wax  or 
some  other  adhesive  material. 

CHAPTER  202,  ACTS  OF  1896. 

77.  Thereupon,  in  Baltimore  city,  one  of  the  judges  shall 
take  charge  of  the  ballot-box  and  its  contents  so  enclosed,  and 
another  judge,  representing  the  opposite  political  party,  shall 
receive  and  hold  the  key  thereof,  and  the  package-  of  unused 
ballots  sealed  up  by  said  judges,  as  required  by  Section  69 ; 
each  of  the  two  judges  who  do  not  have  charge  of  the  ballot- 
box  or  key,  shall  take  in  his  possession  one  of  the  registers, 
and  also  one  of  the  statements  of  the  vote  cast,  sealed  up  in  its 
envelope  as  aforesaid,  and  each  of  the  clerks  shall  take  one  of 
the  tally  sheets  sealed  up  in  an  envelope  as  aforesaid,  and  the 
meeting  of  said  judges  and  clerks  shall  then  be  dissolved.  Be- 
fore 12  o'clock  noon  of  the  day  after  such  election  in  Balti- 
more city,  the  judge  having  possession  of  the  ballot-box  shall 
deliver  the  same,  with  the  contents  aforesaid,  to  the  Board  of 
Supervisors  of  Elections,  with  the  seal  unbroken,  and  shall 
take  a  receipt  therefor,  and  within  the  same  period  of  time 
the  judges  having  possession  of  the  key.  the  packages  of  un- 
used ballots  and  of  the  registers  shall  deliver  the  same  to  the 
said  Board  of  Supervisors  and  take  a  receipt  therefor ;  and  the 
two  judges  and  clerks  of  elections  in  the  city  of  Baltimore 
having  possession  of  the  statements  and  tallies  shall  within 
the  same  time  deliver  them  to  the  respective  officers  to  whom 
they  are  addressed,  as  foresaid,  and  when  so  delivered,  each 
of  said  judges  and  clerks  shall  take  a  receipt  therefor.  No 
judge  or  clerk  shall  receive  pay  for  his  services  unless  he  pro- 
duces the  receipt  herein  provided  forfc  The  officers  to  whom, 
the  statements  and  tallies  are  so  delivered  shall  securely  keep 
the  same  with  the  seals  unbroken.  In  the  counties  after  the 
proceedings  set  forth  in  the  preceding  section  in  each  precinct,, 
one  of  the  judges  who  is  also  an  officer  of  registration,  who 
shall  be  designated  beforehand  by  the  Supervisors  of  Elec- 
tions, shall  take  charge  of  the  ballot-box  and  its  contents  so  en- 
closed, and  the  other  judge,  who  is  also  an  officer  of  registra- 
tion, shall  receive  and  hold  the  key  thereof,  and  the  package 
of  unused  ballots  sealed  up  by  said  judges;  each  of  said  two 


OF  THI;  STATK  OF  MAK  VIAND.  61 

judges  shall  take  into  his  possession  one  of  the  registers,  and 
also  one  of  the  statements  of  the  votes  cast,  sealed  up  in  its  en- 
velope as  aforesaid,  and  also  one  of  the  tally  sheets  sealed  up 
in  an  envelope  as  aforesaid,  and  the  meeting  of  the  judges  and 
rlerks  shall  then  be  dissolved;  before  12  o'clock  noon  of  the 
second  day  after  said  election,  the  two  judges  so  having  cus- 
tody thereof  shall  deliver  said  ballot-boxes,  keys,  packages  of 
unused  ballots,  registers,  statements  of  votes  cast  and  tally 
sheets  to  the  proper  officers  in  their  respective  counties,  as 
hereinbefore  prescribed  for  the  city  of  Baltimore,  and  shall 
take  similar  receipts  for  the  same.  It  shall  be  the  duty  of 
the  Supervisors  of  Elections  in  the  several  counties  and  in 
said  city  to  attend  at  their  respective  offices  on  the  days  named 
for  the  purpose  of  carrying  out  the  provisions  of  this  section. 

CHAPTER  544,  ACTS  OF  1906. 

7S.  The  hoard  of  Supervisors  of  Elections,  upon  receiving 
a  ballot-box  and  the  key  thereof,  shall  note  the  conditions  of 
the  seal  or  stamp  on  each  box.  and  make  an  entry  of  the  facts 
touching  the  same,  in  a  book  to  be  kept  by  them,  together  with 
the  name  of  the  officer  who  delivered  the  box.  They  shall  de- 
liver all  the  ballot-boxes  so  sealed,  as  aforesaid,  to  the  clerks 
of  the  Circuit  Court  for  their  respective  counties,  or  to  the 
hoard  of  Police  Commissioners  of  Baltimore  city,  as  the  case 
may  be,  who  shall  put  them  in  a  secure  place  to  which  the  pub- 
lic shall  in  no  case  have  access,  and  shall  safely  keep  them  for 
the  space  of  six  months  from  the  day  of  such  delivery,  at 
which  time,  unless  previously  notified  to  produce  the  same  to 
be  used  in  evidence  in  some  contested  election  or  judicial  or 
legislative  investigation  then  pending,  said  Board  of  Super- 
visors shall  destroy,  or  cause  to  be  destroyed,  said  ballots  and 
poll-books,  also  all  of  the  said  tallies  and  statements  or  re- 
turns, and  shall  record  in  the  same  book  a  certificate  of  the 
fact. 

CHAPTER  544,  ACTS  OF  1906. 

79.  It  shall  be  the  duty  of  the  said  County  Commissioners, 
clerks  of  courts,  Mayor,  Register  of  Wills  and  Supervisors  of 
Elections,  respectively,  to  keep  safely,  under  lock  and  key,  the 
said  original  statements  or  returns  and  tally  sheets  until  the 
Board  of  Canvassers  for  the  county  or  city,  as  the  case  may  be, 
shall  have  assembled  and  been  organized  according  to  law,  as 
hereinafter  provided;  whereupon  the  Clerks  of  Court,  County 
Commissioners,  Mayor,' Register  of  Wills  and  Supervisors  of 
Elections,  shall  immediately  deliver  or  transmit  to  such  Board 
of  Canvassers  the  said  statements  or  returns  and  tally  sheets 
in  the  sealed  envelopes. 


62  REGISTRATION  AND  ELECTION 

CHAPTER  202,  ACTS  OP  1896. 

80.  The  Supervisors  of  Elections  shall  constitute  a  Board 
of  Canvassers  for  their  county  or  city,  as  the  case  may  be. 

CHAPTER  202,  ACTS  OF  1896. 

81.  On  the  Thursday  next  following  every  election,  between 
the  hours  of  12  o'clock  noon  and  1  o'clock  in  the  afternoon, 
the  Board  of  County  Canvassers  shall  meet  at  the  usual  place 
for  holding  the  Circuit  Court  for  the  county,  and  the  Board 
of  Canvassers  for  Baltimore  city  shall  meet  at  the  usual  place 
for  holding  the  Superior  Court,  and  shall  respectively,  elect 
a  chairman  and  secretary  from  their  number.     Each  member 
of  the  board  shall  take  an  oath,  which  shall  be  administered 
and  recorded  by  the  clerk  of  the  said  Court,  to  truly  canvass? 
add  up  and  declare  the  votes  as  required  by  law.    At  their 
first  meeting  a  majority  of  the  whole  board  shall  be  a  quorum. 
If  a  "majority  shall  not  attend  on  the  Thursday  aforesaid,  the 
canvassers  present  shall  adjourn  to  the  next  day,  when  they 
shall  meet  again  between  the  same  hours,  and  the  canvassers 
then  attending,  although  less  than  a  majority  of  the  whole 
number,  shall  organize  themselves  as  a  board  and  shall  per- 
form the  duties  required  by  law,  and  all  questions  arising  in 
the  course  of  their  proceedings  shall  be  determined  by  a  ma- 
jority of  the  canvassers  so  attending.    All  the  sessions,  deliber- 
ations and  proceedings  of  the  board  shall  be  public,  and  the 
candidates  and  their  counsel  shall  have  the  right  to  attend  and 
to  inspect  the  original  statements  and  returns,  and  all  other 
documents  and  records. 

CHAPTER  544,  ACTS  OF  1906. 

82.  The  Board  of  Canvassers  shall,  upon  being  duly  organ- 
ized open  all  the  original  statements  or  returns  and  tally 
sheets  delivered  or  transmitted  to  them,  and  shall  canvass  and 
add  up  the  votes  and  make  abstracts  or  statements  thereof  in 
the  following  manner,  as  the  case  may  require,  namely :    All 
votes  for  Grovernor  shall  be  written  out  in  words  at  length  on 
one  sheet,  and,  in  like  manner,  all  votes  for  other  State  officers 
on  another  sheet ;  all  votes  for  Presidential  elpetors  on  another 
sheet;  all  votes  for  Representatives  in   Congress  on  another 
sheet;  all  votes  for  judges  of  Court  on  another  sheet;  all  votes 
for  the  clerk  of  the  Court,  of  Appeals  on  another  sheet;  all 
votes  for  Senators  and  Delegates  to  the  General  Assembly  on 
another  sheet;  all  votes  for  county  or  city  officers  on  another 
sheet ;  and  all  votes  for  any  other  officers  on  a  separate  and  ap- 
propriate sheet;  all  votes  for  or  against  any  propostion  which 
may  be  submitted  to  a  vote  of  the  people  on  another  sheet. 


OF  THE  JSTATK  OF  MARYLAND.  63 

CHAPTER  202,  ACTS  OF  1896. 

83.  The  said  Board  of  Canvassers  shall  then  transmit  the 
said  statements  made  by  them,  attested  by  the  signature  of 
their  chairman  and  secretary,  to  the  clerk  of  the  Circuit  Court 
for  the  county,  or  to  the  clerk  of  the  Superior  Court  of  Balti- 
more City,  as  the  case  may  be,  who  shall  enter  the  same  of 
record.   In  case  of  all  elections  of  Presidential  electors,  Repre- 
sentatives in  Congress,  Senators  and  Delegates  to  the  General 
Assembly,  and  of  other  State  officers,  except  Governor  or 
State's  Attorney,  the  said  clerk  shall  prepare  three  certified 
copies,  under  his  seal  of  office,  of  the  said  statements  and  cer- 
tificates.   Within  five  days  after  the  adjournment  of  the  Board 
of  Canvassers,  the  said  clerk  shall  deposit  the  said  certified 
copies  in  the  nearest  postoffice,  addressed,  respectively,  to  the 
Governor,  to  the  Secretary  of  State  and  to  the  Treasurer.    The 
statement  of  the   votes  for  Governor,  after  being  recorded, 
shall  be  transmitted  by  the  clerk  to  the  Secretary  of  State,  as 
provided  in  the  Constitution.     The  said  clerk  shall  make  out 
and  deliver  to  each  person  having  the  highest  numbrr  of  votes 
for  the  several  county  and  city  offices  a  certificate  of  election 
on  his  application.    The  said  canvassing  board  shall  also  make 
a  statement  of  the  whole  number  of  votes  given  in  each  pre- 
cinct and  county  or  city,  with  the  names  of  the  candidates  and 
the  number  of  votes  given  for  each,  in  tabular  form,  and  shall 
cause  a  copy  of  such  statement  to  be  forthwith  published  in 
one  or  more  of  the  newspapers  printed  in  the  county  or  in  the 
city  of  Baltimore;  provided,  such  official  statement  be  so  pub- 
lished without  charge. 

CHAPTER  202,  ACTS  OF  1896. 

84.  In  the  canvass  of  votes  by  the  canvassing  board  for  the 
city  or  county  herein  provided,  said  board  shall,  unless  other- 
wise provided  in  the  Constitution  of  this  State,  declare  who  is 
elected  to  any  city  or  county  office,  or  to  any  office  voted  for 
only  within  the  territory  of  such  city  or  county. 

CHAPTER  544,  ACTS  OF  1906. 

85.  If,  upon  proceeding  to  canvass  the  vote,  it  shall  clearly 
Appear  to  the  canvassing  board  for  the  city  or  county  that  in 
any  statement  or  tally  sheet  produced  to  them  certain  matters 
,ire  omitted  which  should  have  been  inserted,  or  that  any  mis- 
takes exist,  they  shall  immediately  issue  a  subpoena  to  the 
judges  and  clerks  who  made  said  return  and  said  judges  and 
dorks  shall  forthwith  attend  and  shall  make  such  corrections 
as  the  facts  of  the  case  require,  but  such  changes  shall  not  al- 
ler  any  decison  before  duly  made  by  them,  but  shall  cause  the 
canvass  to  be  correctly  stated,  and  the  said  board  of  canvass- 


64  REGISTRATION  AND  ELECTION  LAW* 

ers  are  authorized  to  adjourn  from  day  to  day  for  the  purpose 
of  obtaining  and  receiving  such  corrected  statements ;  such  ad- 
journment not  to  extend  beyond  three  days. 

CHAPTER  202,  ACTS  OF  1896. 

86.  Whenever  it  shall  be  made  to  appear  by  affidavit  that 
errors  have  occurred  in  the  determination  of  the  Board  of 
Canvassers  of  any  county  or  city  in  the  State,  the  Circuit 
Court  of  the  county  or  the  Superior  Court  of  Baltimore  City 
may  by  order  require  said  board  to  correct  such  errors  or  show 
cause  why  such  corrections  should  not  be  made ;  and  in  the 
event  of  the  failure  of  said  board  to  make  such  corrections  or 
show  cause  aforesaid,  said  Court  may  compel  said  board  by 
writ  of  mandamus  to  correct  such  errors,  and-  if  said  Board 
of  Canvassers  shall  have  made  its  determination  and  dissolved, 
said  Court  may  compel  it  to  convene  for  the  purpose  of  mak- 
ing such  corrections.    For  the  purpose  of  making  such  corree- 
tons  as  the  Court  shall  order,  the  meeting  of  the  Board  of 
Canvassers  shall  be  deemed  a  continuation  of  its  regular  ses- 
sion, and  the  statements  and  certificates  shall  be  made  and 
filed  as  the  Court  shall  direct,  and  so  far  as  the  same  shall 
vary  from  the  original  statements  and  certificates,  the  state- 
ments and  certificates  made  under  the  order  of  Court  shall 
stand  in  lieu  thereof,  and  shall  in  all  cases  have  the  same  ef- 
fect as  if  such  corrected  statements  had  been  a  part  of  tin* 
orginal  statement  required  by  law.    The  practice  in  said  cases 
shall  be  as  in  mandamus  proceedings,  and  the  Court  shall  de- 
termine the  time  for  the  speedy  hearing  thereof,  in  its  discre- 
tion ;  and  for  the  purpose  of  service  of  papers  and  other  pro- 
ceedings the  Board  of  Canvassers,  as  organized  and  existing 
at  the  time  of  making  the  original  canvass,  shall  be  deemed  a 
continuing  board.    There  shall  be  the  same  right  of  appeal  as 
in  other  mandamus  cases,  but  such  appeal  shall  be  taken 
within  five  days  from  the  date  of  the  decision  complained  of. 
and  shall  be  heard  and  decided  by  the  Court  of  Appeals  as 
soon  after  the  transmission  of  the  record  as  possible,  and  the 
testimony  taken  in  such  cases  shall  be  sent  up  to  the  Court  of 
Appeals  as  part  of  the  record. 

CHAPTER  474,  ACTS  OF  1914. 

87.  The  Secretary  of  State.  Comptroller.  Treasurer,  Clerk 
of  the  Court  of  Appeals  and  Attorney  General  shall  constitute 
the  Board  of  State  Canvassers,  three  of  whom  shall  be  a  quo- 
rum.   The  Secretary  of  State  shall  appoint  the  meeting  of  the 
said  board,  to  be  held  at  his  office  within  thirty  days  after  any 
State  election,  or  any  election  at  which  a  candidate  for  United 
States  Senator  be  elected ;  if  a  majority  do  not  attend,  those 


OF  THE  STATE  OF  MARYLAND.  65 

present  shall  adjourn  until  the  next  day,  at  which  time  they 
shall  proceed,  without  further  delay,  to  canvass  the  votes. 
The  board  when  thus  formed,  shall  from  the  certified  copies  of 
the  statements  made  by  the  boards  of  city  and  county  can- 
vassers, proceed  to  make  a  statement  of  the  whole  number  of 
votes  given  at  such  election  for  the  several  candidates  for  the 
offices  named  in  said  statements,  and  thereupon  proceed  to 
determine  and  declare  what  persons  have  been,  by  the  great- 
est number  of  votes,  elected  to  such  offices,  and  each  of  them ; 
they  shall  make  and  subscribe  011  a  proper  statement  a  certifi- 
cate of  such  determination,  and  shall  deliver  the  same  to  the 
Secretary  of  State.  If  any  one  of  the  canvassers  shall  dissent 
from  the  decision  of  the  board,  he  shall  state  at  large  in  writ- 
ing, the  reasons  for  such  dissent.  If  any  of  the  acts  or  pro- 
ceedings of  the  board  shall  appear  to  any  one  of  the  canvass- 
ers to  be  illegal  and  irregular,  such  canvasser  shall  protest 
against  the  same,  in  writing,  setting  forth  distinctly  the 
grounds  of  his  protest ;  the  canvassers  so  dissenting  or  protest- 
ing  shall  deliver  his  dissent  or  protest,  signed  with  his  proper 
iii ;ii ue,  to  the  Secretary  of  State,  who  shall  file  the  same  in  his 
office,  and  he  shall  also  keep  on  file  in.  his  office  the  copies  of 
the  statements  made  by  the  board  of  city  and  county  canvass- 
ers. The  board  shall  have  power  to  adjourn,  from  day  to  day, 
during  a  period  not  exceeding  five  days. 

CHAPTER  474,  ACTS  OF  1914. 

88.  The  Secretary  of  State  shall  record  in  his  office,  in  a 
book,  kept  by  him  for  that  purpose,  each  certified  statement 
and  determination  which  shall  be  delivered  to  him  by  the 
Board  of  State  Canvassers,  and  every  dissent  or  protest  which 
shall  have  been  delivered  to  him  by  a  canvasser.  He  shall, 
without  delay,  transmit  a  copy  under  seal  of  his  office,  of  such 
certified  determination  to  each  person  thereby  declared  to  be 
elected,  and  a  like  copy  to  the  Governor,  and  he  shall  cause  a 
copy  of  such  certified  statements  and  determinations  to  be 
published  in  one  newspaper  in  the  city  of  Annapolis  and  one 
in  the  city  of  Baltimore.  In  conformity  with  the  statements 
and  determinations  made  as  aforesaid  by  the  Board  of  State 
Canvassers,  the  Governor  shall  issue  commissions  to  the  dif- 
ferent persons  elected,  as  now  provided  by  the  Constitution 
and  Laws  of  this  State,  and  in  addition  the  Secretary  of  State 
shall  likewise  without  delay  transmit  a  copy  under  seal  of  his 
office  of  such  certified  determination  and  statement  as  to  the 
election  of  a  United  States  Senator  to  represent  the  State  of 
Maryland  in  the  Senate  of  the  United  States  to  the  Secretary 
and  presiding  officer  respectively  of  th«  United  States  Senate, 
to  inform  that  body  of  the  result  of  the  election  for  Senator; 
and  such  certificate  shall  be  prima  facie  evidence  of  the  right 
3 


66  REGISTRATION  AND  ELECTION  LAWS 

of  the  candidate  certified  as  receiving  the  highest  number  of 
votes  to  be  seated. 


CHAPTER  202,  ACTS  OF  1896. 

89.  If  at  any  general  registration  of  voters  or  at  any  meet- 
ing of  a  Board  of  Registry  held  for  such  purpose  or  for  re- 
vision thereof,  as  provided  in  this  Article,  any  person  shall 
falsely  personate  a  voter  or  other  person,  and  register  or  at- 
tempt or  offer  to  register  in  the  name  of  such  voter  or  other 
person ;  or  if  any  person  shall  register  or  attempt  to  make  ap- 
plication to  register  in  or  under  the  name  of  any  other  person, 
or  in  or  under  any  false,  assumed  or  fictitious  name,  or  in  or 
under  any  name  not  his  own ;  or  shall  register  in  two  election 
precincts ;  or,  having  registered  in  one  precinct,  shall  attempt 
or  offer  to  register  in  another;  or  shall  fraudulently  register 
or  attempt,  or  offer  to  register  in  any  election  precinct,  not 
having  a  legal  right  to  register  therein ;  or  shall  knowingly  or 
wilfully  do  any  unlawful  act  to  secure  registration  for  him- 
self or  any  other  person,  or  shall  knowingly,  wilfully  or  fraud- 
ulently, by  false  personation  or  otherwise,  or  by  any  unlawful 
means  cause  or  procure,  or  attempt  to  cause  or  procure  the 
name  of  any  qualified  voter  in  any  election  precinct  to  be 
erased  or  stricken,  as  in  this  Article  provided,  from  any  regis- 
try of  the  voters  of  such  precinct  made  in  pursuance  of  this 
Article  or  otherwise;  or  by  force,  threat,  menace,  intimida- 
tion, bribery,  reward  or  offer  or  promise  thereof,  or  other  un- 
lawful means  prevent,  hinder  or  delay  any  person  having  a 
lawful  right  to  register  or  be  registered  from  duly  exercising 
such  right ;  or  shall  knowingly,  wilfully  or  fraudulently  com- 
pel or  induce,  or  attempt  to  offer  to  compel  or  induce,  by  such 
means,  or  by  any  unlawful  means,  any  officer  of  registration 
in  any  election  precinct  to  register,  or  attempt  to  register  any 
person  not  lawfully  entitled  to  registration  in  such  precinct; 
or  to  register  any  false,  assumed  or  fictitious  name,  or  any 
name  of  any  person,  except  as  provided  in  this  Article;  or 
shall  knowingly,  wilfully  or  fraudulently  interfere  with,  hin- 
der or  delay  any  officer  of  registration  in  the  discharge  of  his 
duties,  or  counsel,  advise  or  induce,  or  attempt  to  induce  any 
such  officer  to  refuse  or  neglect  to  comply  with  or  perform 
his  duties,  or  to  violate  any  law  prescribed  for  regulating  the 
same;  or  shall  aid,  counsel,  procure  or  advise  any  voter,  per- 
son or  officer  of  registration  to  do  any  act  by  law  forbidden, 
or  in  this  Article  constituting  an  offense,  or  to  omit  to  do  any 
act  by  law  directed  to  be  done,  every  such  person,  upon  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  jail  or 
in  the  penitentiary  for  not  less  than  six  months,  nor  more  than 
five  years. 


OF  THE  STATE  OF  MARYLAND.  67 

CHAPTER  202,  ACTS  OF  1896. 

90.  It'  at  any  election  hereafter  held  in  any  city  or  county, 
any  person  shall  falsely  personate  any  voter  or  other  person 
and  vote  or  attempt  to  offer  to  vote  in  or  upon  the  name  of 
such  voter  or  other  person,  or  shall  vote  or  attempt  to  vote  in 
or  upon  the  name  of  any  other  person,  whether  living  or  dead, 
or  in  or  upon  any  false,  assumed  or  fictitious  name,  or  in  or 
upon  any  name  not  his  own,  or  shall  knowingly,  wilfully  or 
fraudulently  vote  more  than  once  for  any  candidate  for  the 
same  office,  except  as  authorized  by  law ;  or  shall  vote  or  at- 
tempt or  offer  to  vote  in  any  election  precinct  without  having 
a  legal  right  to  vote  therein ;  or  shall  vote  more  than  once,  or 
vote  in  more  than  one  election  precinct ;  or  having  once  voted, 
shall  vote  or  attempt  to  offer  to  vote  again ;  or  shall  knowingly, 
wilfully  or  fraudulently  do  any  unlawful  act  to  secure  for 
himself  or  for  any  other  person  a  right  or  opportunity  to  vote ; 
or  shall  by  force,  threat,  menace,  intimidation,  bribery  or  re- 
ward, or  offer  or  promise  thereof,  or  otherwise  unlawfully, 
either  directly  or  indirectly,  influence  or  attempt  to  influence 
any  voter  in  giving  his  vote ;  or  prevent  or  hinder,  or  attempt 
to  prevent  or  hinder,  any  qualified  voter  from  freely  exercis- 
ing the  right  of  suffrage;  or  by  any  such  means  induce  or  at- 
tempt to  induce,  any  such  voter  to  exercise  any  such  right;  or 
shall  by  any  such  means,  or  otherwise,  compel  or  induce  or  at- 
tempt to  compel  or  induce,  any  judge  or  clerk  of  election  in 
any  election  precinct  to  receive  the  vote  of  any  such  person 
not  legally  qualified  or  entitled  to  vote  at  the  said  election  in 
such  precinct;  or  shall  knowingly,  wilfully  or  fraudulently 
interfere  with,  delay  or  hinder  in  any  manner  any  judge  or 
«-I«>rk  of  election  in  the  discharge  of  his  duties;  or  by  any  such 
means,  or  other  unlawful  means,  knowingly,  wilfully  or  fraud- 
ulently counsel,  advise,  induce  or  attempt  to  induce  any 
judge  or  clerk  of  election  whose  duty  it  is  to  ascertain,  pro- 
claim, announce  or  declare  the  result  of  any  such  election  to 
give  or  make  any  false  certificate,  document,  report,  return  or 
other  false  evidence  in  relation  thereto;  or  to  refuse  or  neg- 
lect to  comply  with  his  duty,  or  to  violate  any  law  regulating 
the  same ;  or  to  receive  the  vote  of  any  person  in  any  election 
district  not  entitled  to  vote  therein ;  or  to  refuse  to  receive  the 
vote  of  any  person  entitled  to  vote  therein :  or  shall  aid,  coun- 
sel, advise,  procure  or  assist  any  voter,  person  or  judge  of  elec- 
tion or  other  officer  of  election  to  do  any  act  by  law  forbidden, 
or  in  this  Article  constituted  an  offense ;  or  to  omit  to  do  any 
act  by  law  directed  to  be  done ;  every  such  person  shall,  upon 
conviction  thereof,  be  punished  by  imprisonment  in  jail  or  in 
the  penitentiary  for  not  less  than  six  months,  nor  more  than 
five  vears. 


68  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  71,  ACTS  OF   1900. 

91.  At  eveiy  election,  whether  National,  State  or  municipal, 
hereafter  held  in  this  State,  every  employer,  whether  a  body 
corporate,  firm  or  individual,  shall  allow  its  or  his  employee 
or  employees  sufficient  time,  not  exceeding  four  hours,  within 
which  to  vote ;  provided,  that  the  said  employer  shall  have  the 
right  to  designate  the  time  when  his  employee  or  employees 
shall  exercise  the  right  herein  granted,  the  employee  or  em- 
ployees to  be  allowed  sufficient  time  not  exceeding  four  hours. 
Any  employer,  whether  a  body  corporate,  firm,  or  individual, 
and  any  other  officer  or  agent  of  any  employer,  who  shall  re- 
fuse to  allow  its  or  his  employee  or  employees  sufficient  time, 
not  exceeding  four  hours  within  which  to  vote  or  who  shall 
directly  or  indirectly  prevent  or  hinder  its  or  his  employee  or 
employees  from  exercising  the  right  herein  granted  by  any 
form  of  inducement  whatever,  or  by  threats,  express  or  im- 
plied that  the  exercise  by  said  employee  or  employees  of  the 
right  herein  granted  will  be  followed  by  a  discharge  from  said 
employment  or  by  a  reduction  in  salary  or  wages,  or  who  shall 
influence  or  attempt  to  influence  its  or  his  employee  or  em- 
ployees not  to  exercise  the  right  herein  granted  upon  any  pre- 
text whatever  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  for  each  and  every  offense  pay  a  fine  not 
exceeding  the  sum  of  five  hundred  dollars  or  be  imprisoned  in 
jail  for  a  period  not  exceeding  six  months,  or  both,  in  the  dis- 
cretion of  the  Court. 

CHAPTER  202,  ACTS  OF  1896. 

92.  If  any  clerk  of  election  or  any  person  performing  the 
duties  of  such  clerk,  shall  wilfully  keep  a  false  poll-list,  or 
shall  knowingly  insert  in  his  poll-list  any  false  statement,  or 
any  name  or  statement,  or  any  check,  alteration  or  mark,  ex- 
cept as  in  this  Article  provided,  he  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  felony,  and  shall  be  punished 
by  imprisonment  in  the  penitentiary  for  not  less  than  one  nor 
more  than  five  years. 

CHAPTER  202,  ACTS  OF  1896. 

93.  Every  judge  of  election  who  shall  wilfully  exclude  any 
vote  duly  tendered*  knowing  that  the  person  offering  the  same 
is  lawfully  entitled  to  vote  at  such  election,  or  shall  wilfully 
receive  a  vote  from,  any  person  who  has  been  duly  challenged 
in  relation  to  his  right  to  vote  at  such  election,  without  exact- 
ing from  such  person  such  oath  or  other  proof  of  qualifications 
as  may  be  required  by  law ;  or  shall  wilfully  omit  to  challenge 
any  person  offering  to  vote  whom  he  knows  or  suspects  to  be 


OP  THE  STATE  OF  MARYLAND.  69 

not  entitled  to  vote,  and  who  has  not  been  challenged ;  or  shall 
wilfully  refuse  to  open  and  show  the  ballot-box  to  be  empty- 
prior  to  the  opening  of  the  polls;  or  shall  permit  any  barri- 
cade or  obstruction  of  any  kind  to  be  interposed,  so  that  all 
who  desire  cannot  constantly  see  such  ballot-box,  shall  upon 
conviction  thereof,  be  punished  by  imprisonment  in  jail  or  in 
the  penitentiary  for  not  less  than  three  months,  nor  more  than 
two  years. 

CHAPTER  202,  ACTS  OF  1896. 

94.  Every  judge  or  clerk  of  election  or  other  officer  or  per- 
son who  shall  make,  sign,  publish  or  deliver  any  false  tally 
or  return  of  an  election,  or  any  false  certificate  or  statement 
of  the  result  of  an  election,  knowing  the  same  to  be  false,  or 
who  shall  wilfully  deface,  destroy  or  conceal  any  statement, 
tally  or  certificate  entrusted  to  his  care  and  custody,  shall,  on 
conviction  thereof,  be  adjudged  guiltj^  of  a  felony,  and  shall 
be  punished  by  imprisonment  in  the  penitentiary  for  not  less 
than  one,  nor  more  than  ten  years. 

CHAPTER  202,  ACTS  OF  1896. 

95.  If  any  person  other  than  a  judge  of  election  shall,  at 
any  election,  knowingly  and  wilfully  put,  or  cause  to  be  put 
any  ballot  or  ballots,  or  other  paper  having  the  semblance 
thereof,  into  any  box  used  at  such  election  for  the  reception 
of  votes;  or  if  any  judge  of  election  knowingly  or  willfully 
cause  or  permit  any  ballot  or  ballots  to  be  in  said  box  at  the 
opening  of  the  polls,  and  before  the  voting  shall  have  begun ; 
or  shall  knowingly,  willfully  or  fraudulently  put,  any  ballot 
or  other  paper  having  the  semblance  thereof,  into  any  such 
box  at  any  election,  unless  the  same  shall  be  offered  by  a  voter 
whose  name  shall  have  been  found  and  kept  upon  the  registry 
as  hereinbefore  provided,  or  who  shall  be  entitled  to  vote  un- 
der this  Article ;  or  if  any  judge  of  election  or  other  officer  or 
person  shall  fraudulently  during  the  canvass  of  ballots  in  any 
manner  change,  substitute  or  alter  any  ballot  taken  from  the 
ballot-box  then  being  canvassed,  or  from  any  ballot-box  which 
has  not  been  canvassed,  or  add  any  ballot  or  semblance  there- 
of to  the  ballots  taken  from  the  ballot-box  then  being  can- 
vassed, or  from  any  ballot-box  which  has  not  been  canvassed, 
every  such  person  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  felony,  and  shall  be  punished  by  imprisonment  in 
the  penitentiary  for  not  less  than   one  nor  more  than  five 
years. 

CHAPTER  202,  ACTS  OF  1896. 

96.  If  any  judge  or  clerk  of  election,  or  any  officer  of  reg- 
istration, revision,  election  or  canvass  of  whom  any  duty  is 
required  in  this  Article,  or  by  any  other  election  law  of  this 


70  KEGJSTRATION  AND  ELECTION  LAWS 

State,  shall  be  guilty  of  any  willful  neglect  of  such  duty,  or 
any  corrupt  or  fraudulent  conduct  or  practice  in  the  execu- 
tion of  the  same,  he  shall,  upon  conviction  thereof,  be  punished 
by  imprisonment  in  jail  for  not  less  than  thirty  days  nor 
more  than  three  years,  or  by  a  fine  of  not  less  than  fifty  ($50) 
dollars,  nor  more  than  one  thousand  dollars  ($1,000).  or  by 
both  such  fine  and  imprisonment. 

CHAPTER  202.  ACTS  OF  1896. 

97  Every  judge  or  clerk  of  election  or  other  officer  or  per- 
son having  the  custody  of  any  record,  registry  of  voters  or 
copy  thereof,  oath,  return  or  statements  of  votes,  certificates, 
poll  Hst  or  any  papers,  documents  of  votes,  certificates,  poll 
list  or  any  papers,  documents,  ballots,  coupons  or  vote  of  any 
description  in  this  Article  directed  to  be  made,  filed  or  pre- 
served, who  is  guilty  of  concealing,  willfully  destroying,  mu- 
tilating, defacing,  falsifying  or  fraudulently  removing  or  se- 
creting the  whole  or  any  part  thereof,  or  who  shall  fraudu- 
lently make  any  entry,  erasure  or  alteration  therein  except  as 
allowed  and  directed  by  the  provisions  of  this  Article,  or  who 
permits  any  other  person  to  do  so,  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  felony,  and  shall  be  punished 
for  each  and  every  such  offense  by  imprisonment  in  the  peni- 
tentiary for  riot  less  than  one  nor  more  than  ten  years. 

CHAPTER  202,  ACTS  OF  1896. 

98.  Every  person  not  an  officer,  such  as  mentioned  in  the 
last  preceding  section,  who  is  guilty  of  any  of  the  acts  speci- 
fied in  said  last  section,  or  who  advises,  procures  or  abets  the 
commission  of  the  same,  or  any  of  them,  shall,  upon  convic- 
tion thereof,  be  adjudged  guilty  of  a  felony,  and  for  each  and 
every  offense  shall  be  punished  by  imprisonment  in  the  peni- 
tentiary for  not  less  than  one  nor  more  than  ten  years,  and 
such  offense  shall  be  deemed  to  have  been  committed  whether 
such  person  has  or  had  any  custody  or  control,  rightful  or 
otherwise,  over,  or  is  charged  with  any  duty  in  relation  to 
said  records,  registers,  ballots,  coupons  or  other  documents. 

CHAPTER  202,  ACTS  OF  1896. 

99.  Any  person  who  shall  be  convicted  of  willfully  and  cor- 
ruptly swearing  or  affirming  in  taking  any  oath  or  affirmation 
prescribed  by  or  upon  any  examination  provided  for  in  this 
Article  shall  be  guilty  of  a  willful  and  corrupt  perjury,  and 
shall  be  punished  according  to  the  laws  of  the  State. 

CHAPTER  202,  ACTS  OF  1896. 

100.  Every  person  who  shall  willfully  and  corruptly  insti- 
gate, advise,  induce  or  procure  any  person  to  swear  or  affirm 


OF  THE  STATE  OF  MARYLAND.  71 

falsely,  as  aforesaid,  or  to  offer  so  to  do,  shall,  upon  convic- 
tion thereof,  be  adjudged  guilty  of  subordination  of  perjury, 
and  shall  suffer  the  punishment  directed  by  law  in  cases  of 
willful  and  corrupt  perjury. 

CHAPTER  202,  ACTS  OF  1896. 

101.  If  any  person  who  shall  have  been  convicted  of  bri- 
bery, felony  or  other  infamous  crime,  under  the  laws  of  this 
or  any  other  State,  and  who  has  never  received  pardon  for 
such  offense  from  the  officer  entitled  to  grant  such  pardon, 
shall  thereafter  vote  or  offer  to  vote  at  any  election  in  this 
State,  he  shall,  upon  conviction  thereof,  be  adjudged  guilty  of 
a  felony,  and  for  each  and  every  such  offense  shall  be  punished 
by  imprisonment  in  the  penitentiary  for  not  less  than  one  nor 
more  than  five  years. 

CHAPTER  202,  ACTS  OF  1896. 

102.  If  any  person  shall  willfully  disobey  any  lawful  com- 
mand of  any  judge  of  election  or  of  any  board  of  registry, 
given  in  the  execution  of  his  or  their  duty  as  such  at  any  reg- 
istration or  election,  he  shall,  upon  conviction  thereof,  be  ad- 
judged guilty  of  a  misdemeanor,  and  shall  be  punished  by  im- 
prisonment in  jail  for  not  less  than  thirty  days  nor  more  than 
six  months,  or  by  a  fine  of  not  less  than  ten  ($10)  dollars  nor 
more  than  two  hundred  and  fifty  ($250)  dollars,  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the  Court. 
Any  misdemeanor  under  this  Article  for  which  no  penalty  is 
specially  provided  shall  be  punished  as  provided  in  this  sec- 
tion. 

CHAPTER  202,  ACTS  OF  1896. 

103.  If  during  any  registration  of  voters  or  revision  there- 
of, or  on  any  day  of  election  or  during  the  canvass  of  votes 
cast  thereat  or  during  any  subsequent  canvass  by  any  Board 
of  Canvassers,  any  person  shall  cause  any  breach  of  the  peace, 
or  be  guilty  of  any  disorder,  violence  or  threats  of  violence 
whereby  any  such  registration,  revision,  election  or  canvass 
shall  be  impeded  or  hindered  or  \vhereby  the  lawful  proceed- 
ings of  any  officer  or  board  or  registration,  or  of  any  judge  or 
clerk,  or  other  officer  of  such  election,  or  challenger  or  person 
designated  to  be  present  during  the  reception  or  canvass  of 
any  ballots,  or  of  any  canvassing  board  as  hereinbefore  pro- 
vided, are  interfered  with,  every  such  person  shall,  upon  con- 
viction thereof,  be  adjudged  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  imprisonment  in  jail  for  not  less  than 
thirty  days  nor  more  than  one  year,  or  by  fine  of  not  less  than 
fifty  ($50)  dollars  nor  more  than  one  thousand  ($1,000)  dol- 
lars, or  by  both  snch  fine  and  imprisonment. 


72  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  202,  ACTS  OF  1896. 

104.  If  any  person  knowingly  or  willfully  shall  obstruct, 
hinder  or  assault,  or  by  bribery,  solicitation  or  otherwise  in- 
terfere with  any  officer  of  registration,  or  any  judge  or  clerk 
of  election  or  challenger  or  person  designated,  as  provided  by 
this  Article  to  be  present  at  the  reception  or  canvass  of  any 
ballots,  in  the  performance  of  any  duty  required  by  him  or 
which  he  may  by  law  be  authorized  or  permitted  to  perform, 
or  if  any  person  by  any  means  before  mentioned  or  otherwise 
unlawfully  shall,  on  any  day  of  registration,  revision  of  reg- 
istration, or  of  election,  hinder  or  prevent  any  officer  of  regis- 
tration, judge  or  clerk  of  election,  challenger  or  person  desig- 
nated as  provided  in  this  Article  to  be  present  at  the  recep- 
tion or  canvass  of  ballots,  in  his  free  attendance  and  presence 
at  the  place  of  registration  or  revision  of  registration,  or  of 
election  in  the  election  precinct,  in  and  for  which  he  is  ap- 
pointed and  designated  to  serve,  or  in  his  full  and  free  access 
and  egress  to  and  from  any  such  place  of  registration,  revision 
of  registration  or  of  election,  or  to  and  from  any  room  where 
such  registration,  revision  of  registration  or  election  or  can- 
vass of  votes  or  making  of  any  such  return  and  certificates 
thereof  may  be  had,  or  shall  molest,  interfere  with,  remove  or 
eject  from  any  such  place  of  registration  or  election  or  of 
canvassing  ballots  cast  thereat  or  of  making  returns  or  certifi- 
cates thereof,  any  such  officer  of  registration,  judge  or  clerk 
of  election,  challenger  or  person  designated  as  provided  in 
this  Article  to  watch  the  reception  or  canvassing  of  any  bal- 
lots except  as  otherwise  provided  in  this  Article,  or  shall  un- 
lawfully threaten  or  attempt  or  offer  so  to  do,  every  such  per- 
son shall  be  guilty  of  a  misdemeanor,  and  on  conviction  there- 
of, shall  be  punished  by  imprisonment  in  jail  for  not  less  than 
three  months  nor  more  than  one  year,  or  by  fine  of  not  less 
than  fifty  ($50)  dollars  nor  more  than  one  thousand  ($1,0001 
dollars,  or  by  both  fine  and  imprisonment. 

CHAPTER  202,  ACTS  OF  1896. 

105.  If  any  person  upon  the  day  of  election,  or  before  the 
canvass  of  votes  is  completed,  shall  conceal  or  willfully  break 
or  destroy  any  ballot-box  used  or  intended  to  be  used  at  any 
such  election,  or  shall  willfully  or  fraudulently  conceal,  se- 
crete or  remove  any  such  ballot-box  from  the  custody  of  the 
judges  of  election,  or  other  official  in  charge  thereof,  or  shall 
alter,  deface,  injure  or  destroy  or  conceal  any^  ballot  which 
has  been  deposited  in  any  ballot-box  at  such  election  which 
has  not  been  counted  or  canvassed,  or  any  poll  list  used  at 
such  election,  or  any  report,  return,  certificate  or  any  evi- 
dence in  this  Article  required,  he  shall,  upon  conviction  there- 
of, be  adjudged  guilty  of  a  felony,  and  shall  for  each  and 


OP  THE  STATE  OF  MARYLAND.  l'.\ 

every  such  offense  be  punished  by  imprisonment  in  the  peni- 
tentiary for  not  less  than  one  nor  more  than  five  years, 

CHAPTER  202,  ACTS  OF  1896. 

106.  If  at  any  election  precinct,  at  any  registration  of 
voters  or  revision  thereof,  any  officer  of  registration  shall 
knowingly,  willfully  admit  any  person  to  registration,  or  make 
any  entry  upon  any  register  unless  a  majority  of  the  Board 
of  Registry  in  said  precinct  are  present  and  concur,  or  if  at 
any  election  hereafter  held,  any  judge  or  clerk  of  election 
shall  receive  any  vote  or  proceed  with  the  canvass  of  ballots, 
or  shall  consent  thereto  unless  a  majority  of  judges  of  elec- 
tion in  said  election  precinct  are  present  and  concur,  he  shall, 
upon   conviction   thereof,   be   adjudged   guilty   of   a   misde- 
meanor, and  shall  be  punished  by  imprisonment  in  jail  for 
not  less  than  ten  nor  more  than  ninety  days,  or  by  fine  of  not 
less  than  ten  ($10)  dollars  nor  more  than  two  hundred  and 
fifty  ($250)  dollars,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court. 

CHAPTER  202,  ACTS  OF  1896. 

107.  If  any  officer  of  registration  in  any  election  precinct 
shall,  without  urgent  necessity,  absent  himself  from  the  place 
of  registration  during  the  hours  prescribed  by  law  for  regis- 
tering voters,  or  if  any  judge  or  clerk  of  election  shall,  with- 
out urgent  necessity,  be  late  at  the  opening  of  the  polls,  or 
shall  absent  himself  therefrom  during  the  election  or  during 
the  canvass  of  ballots,  or  the  making  up  of  the  returns,  he- 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  mis- 
demeanor and  shall  be  punished  by  imprisonment  in  jail  for 
not  less  than  ten  days  nor  more  than  six  months  or  shall  be 
fined  not  less  than  twenty  ($20)  dollars  nor  more  than  five 
hundred  ($500)  dollars. 

CHAPTER  202,  ACTS  OF  1896. 

108.  Whoever  shall  (1)  falsely  make  or  fraudulently  de- 
face or  fraudulently  destroy  any  certificate  of  nomination  or 
any  part  thereof,  or   (2)   file  any  certificate  of  nomination, 
knowing  the  same  or  any  part  thereof  to  be  falsely  made,  or 
(3)   suppress  any  certificate  of  nomination  which  has  been 
duly  filed,  or  any  part  thereof,  or  (4)  shall  forge  or  falsely 
make  the  official  endorsement  on  any  ballot,  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred   ($100)    dollars  nor 
more  than  one  thousand  ($1,000)  dollars,  or  03^  imprisonment 
in  jail  for  a  period  not  exceeding  three  years  or  by  both  fine 
and  imprisonment,  in  the  discretion  of  the  court. 


74  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  202,  ACTS  OF  1896. 

109.  Whoever  shall,  during  an  election,  remove  or  destroy 
any  of  the  supplies  or  other  conveniences  placed  in  the  booths 
or  compartments,  in  this  Article  described,  for  the  purpose  of 
enabling  the  voter  to  prepare  his  ballot,  or  shall,  during  such 
election,  remove,  tear  down  or  deface  any  of  the  cards  or 
specimen  ballots  printed  for  the  instruction  of  voters,  shall  be 
punished  by  fine  of  not  less  than  five  ($5)  dollars  nor  more 
than  five  hundred  ($500)  dollars,  or  by  imprisonment  in  jail 
for  a  period  not  exceeding  one  year,  or  by  both  fine  and  im- 
prisonment, in  the  discretion  of  the  court. 

CHAPTER  202,  ACTS  OF  1896. 

110.  Whoever  shall,  except  in  this  Article  otherwise  pro- 
vided, allow  his  ballot  to  be  seen  by  any  person  with  the  ap- 
parent intention  of  letting  it  be  known  how  he  is  about  to 
vote,  or  place  any  distinguishing  marks  upon  his  ballot,  or 
who  shall  make  a  false  statement  as  to  his  inability  to  mark 
his  ballot,  or  who  shall  interfere  or  attempt 'to  interfere  with 
any  voter  when  inside  the  enclosed  space  in  the  polling-room, 
or  when  marking  his  ballot,  or  who  shall  endeavor  to  induce 
any  voter  before  voting  to  show  how  he  marks  or  has  marked 
his  ballot,  shall  be  punished  by  fine  of  not  less  than  five  ($5) 
dollars  nor  more  than  one  hundred  ($100)  dollars,  or  by  im- 
prisonment in  jail  for  a  period  not  exceeding  sixty  days,  or 
by  both  fine  and  imprisonment,  in  the  discretion  of  the  court. 

CHAPTER  202,  ACTS  OF  1896. 

111.  Whoever  shall  willfully  destroy  or  deface  any  ballot, 
or  shall  take  or  remove  any  ballot  outside  of  the  inclosure  pro- 
vided for  voting,  before  the  close  of  the  polls,  or  wilfully  de- 
lay the  delivery  of  any  ballot,  or  who  shall,  on  or  before  any 
day  of  election,  have  or  retain  in  his  possession  any  official 
ballot  printed  for  said  election  or  any  imitation  thereof  save 
and  excepting  when  such  possession  by  him  is  necessary  or 
appropriate  and  designated  for  the  purpose  of  carrying  out 
the  true  intent  and  meaning  of  this  law,  or  who  shall  canvass 
or  electioneer  in  said  polling  place,  or  within  one  hundred  feet 
distant  from  the  same,  or  who  shall  hold  any  tickets  or  fac- 
simile tickets  or  papers  purporting  to  be  tickets,  either  in  said 
polling  place  or  within  said  distance  from  the  same,  shall  be 
fined  not  less  than  fifty  ($50)  dollars  nor  more  than  five  hun- 
dred ($500)  dollars,  or  shall  be  imprisoned  in  jail  for  not  ex- 
ceeding sixty  days,  or  shall  be  subject  to  both  fine  and  im- 
prisonment, in  the  discretion  of  the  court. 


OF  THE  STATE  OP  MARYLANP.  75 

CHAPTER  202,  ACTS  OF  1896. 

112.  Whoever,  during  the  hours  of  registration  or  revision 
of  registration,  or  during  the  hours  of  election  or  canvass  of 
votes,  or  of  making  returns  thereof  in  any  precinct  shall 
bring,  take,  order,  or  send  into,  or  shall  attempt  to  bring  or 
take  or  send  into,  any  place  of  registration,  or  revision  of  reg- 
istration or  election,  any  distilled  or  spirituous  liquors,  wine, 
ale  or  beer,  or  shall  at  any  such  time  and  place,  drink  or  par- 
take of  such  liquor,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction  thereof,  be  fined  not  less  than  ten  ($10) 
dollars  nor  more  than  one  hundred  ($100)  dollars. 

CHAPTER  202,  ACTS  OF  1896. 

113.  It  shall  be  unlawful  for  the  keeper  of  any  hotel,  tav- 
ern, store,  drinking  establishment,  or  any  other  place  where 
liquors  are  sold,  or  for  any  person  or  persons,  directly  or  in- 
directly, to  sell,  barter,  give  or  dispose  of  any  spirituous  or 
fermented  liquors,  ale  or  beer,  or  intoxicating  drinks  of  any 
kind  on  the  day  of  any  election  hereafter  to  be  held  in  the 
several  counties  of  this  State;  any  person  violating  the  pro- 
visions of  this  section  shall  be  liable  for  indictment  and  shall, 
upon  conviction,  be  fined  not  less  than  fifty  ($50)  dollars  nor 
more  than  one  hundred  ($100)  dollars  for  each  offense;  one- 
half  of  the  fine  shall  be  paid  to  the  informer,  and  the  other 
half  to  the  County  Commissioners  for  the  use  of  public  roads. 

CHAPTER  202,  ACTS  OF  1896. 

114.  Any  person  who  shall  make  any  bet  or  wager  upon 
the  result  of  any  election  to  take  place  in  this  State  shall  be 
liable  to  indictment,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  fifty  ($50)  dollars,  nor  more  than  five  hun- 
dred ($500)  dollars,  to  be  paid  to  the  State  for  the  use  of  the 
school  fund.     Every  deposit  of  money  in  any  part  of  this 
State,  as  a  bet  or  wager  upon  the  result  of  any  election  of  this 
State  or  elsewhere,  shall  be  forfeited  and  paid  over  to  the 
County  Commissioners  of  the  county  where  deposited  for  the 
use  of  the  county ;  or,  if  deposited  in  the  city  of  Baltimore,  to 
the  Mayor  and  City  Council. 

CHAPTER  202,  ACTS  OF  1896. 

115.  No  commissioned  or  non-commissioned  officer  having 
the  command  of  any  soldier  or  soldiers  quartered  or  posted  in 
any  district  of  any  county  in  this  State  shall  muster  or  em- 
body any  of  the  said  troops,  or  march  any  recruiting  party 
within  the  view  of  any  place  of  election  during  the  time  of 
holding   said   election,    under   the   penalty   of   one   hundred 
($100)   dollars.     This  section  is  not  to  apply  to  the  city  of 
Baltimore. 


76  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  202,  ACTS  OF  1896. 

116.  Irregularities  or  defects  in  the  mode  of  giving  notice 
or  of  conveying,  holding  or  conducting  a  registration  or  elec- 
tion authorized  by  law  shall  constitute  no  defense  to  a  prose- 
cution for  a  violation  of  the  provisions  of  this  Article.    Every 
act,  which  by  the  provisions  of  this  Article  orrthe  laws  of  the 
State,  is  made  a  crime  when  committed  with  reference  to  the 
election  of  a  candidate,  shall  be  equally  criminal  and  subject 
to  the  same  punishment  when  committed  with  reference  to  a 
proposition  to  be  submitted  to  the  people  to  be  decided  by  the 
votes  cast  at  an  election. 

CHAPTER  544,  ACTS  OF  1906. 

117.  It  shall  be  the  duty  of  the  Supervisors  of  Elections 
to  aid  in  the  prosecution  of  all  crimes  and  offenses  against  this 
Article,  and  when,  in  the  judgment  of  the  Supervisors,  there 
is  probable  cause  for  believing  that  an  offense  has  been  com- 
mitted, it  shall  be  their  duty  to  cause  a  prosecution  to  be  in- 
stituted in  accordance  with  the  provisions  of  this  Article 

CHAPTER  544,  ACTS  OF  1906. 

118.  The  sheriffs  in  the  several  counties  shall,  respectively, 
be  allowed  the  sum  of  twelve  ($12)  dollars  for  each  election 
held  in  their  county  for  the  performance  of  the  duties  therein 
required,  to  be  levied  as  other  county  charges;  provided,  that 
when  two  or  more  elections  are  to  be  held  on  the  same  day  the 
sheriff  shall  not  be  allowed  more  than  twelve  dollars  for  such 
elections  (except  in  Baltimore  city)  ;  all  judges,  whether  act- 
ing as  or  sitting  as  officers  of  registration,  and  clerks  of  elec- 
tion, shall  be  allowed  and  paid  three  dollars  a  day ;  fractions 
of  a  day  shall  be  allowed  for  at  the  rate  of  thirty  cents  an 
hour.    In  the  city  of  Baltimore,  in  the  year  1907,  and  there- 
after, the  judges  when  acting  as  officers  of  registration  shall 
be  allowed  and  paid  five  dollars  a  day,  and  all  judges  and 
clerks  when  sitting  as  officers  of  election  shall  be  allowed  and 
paid  ten  dollars  for  each  election  conducted  by  them;  each 
judge  and  clerk  of  election  who  has  performed  all  the  duties 
and  services  required  of  him  by  this  Article  shall  be  allowed 
pay  for  his  time  as  above  provided.    When  any  judge  or  clerk 
does  not  perform  all  the  services  required  by  this  Article,  then 
such  Board  of  Supervisors  of  Elections  shall  audit  his  time 
and  allow  his  compensation  only  for  the  time  during  which 
he  has  actually  served. 

CHAPTER  202,  ACTS  OF  1896. 

119.  All  oaths  required  by  this  Article  to  be  in  writing 
shall  have  a  certificate  of  the  officer  making  the  same  attached 


OF  THE  STATE  OF  MARYLAND.  77 

and  signed  by  him,  and  said  Supervisors  of  Elections,  officers 
of  registration  and  judges  of  election  are  hereby  empowered 
to  administer  all  oaths  and  affirmations  required  in  the  dis- 
charge of  the  duties  of  their  respective  offices. 

CHAPTER  202,  ACTS  OF  1896. 

120.  The  word  "election,"  as  used  in  this  Article,  shall  be 
construed  to  include  elections  had  within  any  county  or  city 
for  the  purpose  of  enabling  voters  to  choose  some  public  offi- 
cer of  officers  under  the  laws  of  this  State,  or  of  the  United 
States,  or  to  pass  upon  any  amendment,  law  or  other  public 
act  or  proposition  submitted  to  vote  by  law. 

The  word  "precinct,"  as  used  in  this  Article,  shall  be  con- 
strued to  mean  an  election  district  in  a  county  or  an  election 
precinct  in  such  district,  or  in  a  ward  of  the  city  of  Balti- 
more, as  the  case  may  be.  In  computing  the  times  for  notices 
to  be  given  under  this  Article  Sunday  shall  be  included,  ex- 
cept when  the  day  on  which  said  notices  should  be  given 
should  happen  to  fall  on  Sunday,  in  which  event  the  same 
shall  be  given  on  the  Monday  following ;  the  day  of  giving  the 
notice  and  the  day  of  registration  or  election  shall  be  ex- 
cluded. 

CHAPTER  202,  ACTS  OF  1896. 

121.  In  all  trials  for  oft'enses  against  any  of  the  provisions 
of  this  Article,  or  of  any  existing  law  relating  to  registration 
or  elections,  where  such  offenses  are  punishable  by  imprison- 
ment in  the  penitentiary,  the  State  and  defense  shall  each  be 
entitled  to  twenty  peremptory  challenges  of  jurors. 

CHAPTER  202,  ACTS  OF  1896. 

122.  It  shall  be  the  duty  of  the  Attorney-General,  within 
three  months  after  the  adoption  of  this  Article,  to  prepare 
instructions  and  blank  forms  necessary  for  the  use  of  the  offi- 
cers of  registration  and  of  the  election  created  by  this  Article ; 
and  this  Article,  with  said  forms  and  instructions  so  pre- 
pared, and  with  other  provisions  .of  the  Constitution  and  Laws 
touching  the  same  matters,  and  with  a  proper  index  thereto, 
shall  be  published  by  the  Secretary  of  State,  and  shall  be  dis- 
tributed by  him  to  the  Supervisors  of  Elections,  in  quantities 
sufficient  to  supply  the  judges  of  election  and  other  officers 
requiring  the  same.     The  expenses  of  printing  shall  be  paid 
from  the  treasury  of  the  State,  and  the  siyii  of  one  thousand 
dollars  per  annum,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated  out  of  any  funds  in  the  treasury  for 
such  printing  and  for  the  employment  of  any  necessary  cler- 
ical help  in  preparing  and  attending  to  election  business  by 


78  REGISTRATION  AND  ELECTION  LAWS 

this  Article  assigned  to  the  office  of  the  Attorney-General,  and 
that  of  the  Secretary  of  State.  A  price  shall  be  fixed  by  the 
Secretary  of  State  at  which  copies  may  be  furnished  to  pur- 
chasers. 

(NOTE. — The  following  section  123  applies  to  the  following 
counties  only :  Baltimore  City,  Baltimore,  Wicomico,  Carroll, 
Washington,  Allegany.  Cecil,  Montgomery.  Howard,  Caro- 
line, Harford,  Frederick  and  Garret!  counties.) 


CHAPTER  2,  ACTS  OF  1901. 


123.  At  least  thirty  days  before  every  State  election,  the 
Attorney-General  shall  prepare  full  instructions  for  the  guid- 
ance of  the  voters  of  such  election  as  to  obtaining  ballots,  as  to 
the  manner  of  marking  them,  and  as  to  obtaining  new  bal- 
lots in  place  of  those  accidentally  destroyed,  with  such  other 
instructions  as  shall  in  his  opinion  be  necessary  and  proper 
Said  instructions  shall  be  furnished  by  the  Secretary  of  State 
to  the  several  Boards  of  Supervisors  of  Elections,  who  shall, 
respectively,  cause  the  same  together  with  copies  of  sections 
68,  69  and  70  of  this  Article,  to  be  printed  in  larger,  clear 
type,  on  separate  cards,  to  be  called  "Cards  of  Instruction.'' 
and  said  Boards  of  Supervisors  shall  furnish  twelve  of  the 
same  with  ballots  for  use  in  each  election  precinct.  They  shall 
also  cause  to  be  printed  on  light  cardboard,  or  heavy-sized  pa- 
per, ten  or  more  copies  of  the  form  of  the  ballot  provided  for 
each  voting  place  at  each  election  therein,  of  a  considerably 
magnified  size,  which  shall  be  called  "Specimen  Ballots,"  and 
the  same  shall  be  furnished  with  the  other  ballots  prepared 
for  each  voting  place.  On  the  morning  of  said  election,  the 
said  Supervisors  of  Elections  shall  cause  to  be  conspicuously 
posted  in  each  polling  place,  said  cards  of  instruction  arid 
largely  magnified  specimen  ballots,  and  one  of  said  cards  of 
instruction  shall  be  fixed  in  each  booth  or  voting  compart- 
ment, and  the  said  specimen  ballots  shall  be  conspicuously  dis- 
played in  said  polling-room  and  on  the  outside  of  the  build- 
ing wherein  said  voting  shall  take  place.  Not  less  than  three 
of  said  cards  and  three  of  said  specimen  ballots  shall  be  posted 
outside  of  the  guard-rails,  and  not  less  than  three  of  each  of 
same  shall  be  securely  and  conspicuously  posted  on  the  out- 
side of  the  building  in  which  the  polls  are  held,  before  the 
balloting  begins,  in  such  position  that  the  same  may  be  easily 
examined  by  the  public. 

(NoTE. — The  following  Section  124  applies  to  the  following 
counties  only:  Anne  Arundel,  Calvert.  Charles,  Dorchester. 
Kent,  Prince  George's,  Queen  Anne's.  St.  Mary's,  Somerset. 
Talbot  and  Worcester.') 


OP  THE  STATE  OF  MARYLAND.  79 

fcHAPTER  614,  ACTS  OF  1908. 

124.  At  least  thirty  days  before  every  State  election  the 
Attorney-General  shall  prepare  full  instructions  for  the  guid- 
ance of  voters  of  such  election,  as  to  obtaining  ballots,  as  to 
the  manner  of  marking  them,  and  as  to  obtaining  new  ballots 
in  place  of  those  accidentally  destroyed,  with  such  other  in- 
structions as  shall,  in  his  opinion,  be  necessary  and  proper; 
said  instructions  shall  be  furnished  by  the  Secretary  of  State 
to  the  several  Boards  of  Supervisors  of  Elections,  who  shall 
respectively  cause  the  same  to  be  printed  in  large,  clear  type, 
011  separate  cards,  to  be  called  "Cards  of  Instruction,"  and 
said  Boards  of  Supervisors  shall  furnish  twelve  of  the  same 
with  ballots  for  use  in  each  election  precinct,  on  the  morning 
of  said  election;  the  said  Supervisors  of  Election  shall  cause 
to  be  conspicuously  posted  in  each  polling  place  said  cards  of 
instruction,  and  one  of  said  cards  of  instruction  shall  be  fixed 
in  each  booth  or  voting  compartment ;  not  less  than  three  of 
said  cards  shall  be  posted  outside  of  the  guard-rails,  and  not 
less  than  three  of  each  of  same  shall  be  securely  and  conspicu- 
ously posted  on  the  outside  of  the  building  in  which  the  polls 
are  held  before  the  balloting  begins,  in  such  positions  that 
the  same  may  be  easily  examined  by  the  public ;  it  shall  also  be 
the  duty  of  the  several  Boards  of  Supervisors  of  Elections, 
on  the  morning  of  said  election,  to  cause  to  be  conspicuously 
posted  in  each  polling  place  and  in  each  voting  booth  of  each 
polling  place,  separate  tickets  or  lists  containing  the  names  of 
the  candidates  of  each  political  party,  with  a  designation  of 
the  several  offices  for  which  they  are  candidates,  so  that  voters 
may  thereby  be  aided  in  selecting  the  candidates  for  whom 
they  wish  to  vote  and  in  marking  the  official  ballot  accord- 
ingly. 

CHAPTER  202,  ACTS  OF  1896. 

125.  The  Boards  of  Supervisors  of  Elections  for  the  sev- 
eral counties  shall  have  power  to  employ  an  attorney,  who 
shall  also  be  the  attorney  for  the  judges  of  election,  whether 
acting  as  such  or  as  registration  officers,  to  receive  such  com- 
pensation as  shall  be  allowed  by  the  County  Commissioners 
upon  the  approval  of  the  Circuit  Court.    In  the  city  of  Balti- 
more the  Board  of  Supervisors  of  Elections  shall  biennially 
appoint  some  practicing  member  of  the  Bar  of  Baltimore  City 
to  act  as  general  counsel  for  the  said  board  and  for  officers 
of  registration,  and  judges  of  election  appointed  by  them,  in 
all  matters  and  proceedings  pertaining  to  their  duties,  and  to 
appear  for  and  defend  the  said  judges  of  election  at  the  hear- 
ing of  all  petitions  which  may  be  filed  against  them  as  offi- 
cers of  registration  under  the  provisions  of  this  Article.    For 
his  services  such  counsel  shall  receive  an  annual  salary  of 


80  REGISTRATION  AND  ELECTION  LAWS 

» 

twelve  hundred  dollars,  to  be  paid  in  equal  quarterly  install- 
ments by  the  Ma}ror  and  City  Council  of  Baltimore.  He  may 
be  removed  and  other  counsel  may  be  appointed  in  his  place 
at  the  discretion  of  said  board,  and  whenever  petitions  filed 
against  officers  of  registration  and  pending  before  more  than 
one  of  the  Judges  of  the  Supreme  Bench  of  Baltimore  City 
at  the  same  time,  he  may  appoint,  with  the  approval  of  the 
Board  of  Supervisors,  as  many  additional  counsel  as  may  be 
necessary  to  assist  him  in  trying  said  petitions,  who  shall  each 
be  paid  the  sum,  not  exceeding  one  hundred  and  fifty  dollars 
in  any  one  year,  as  he  shall  certify,  with  the  approval  of  the 
Board  of  Supervisors,  to  be  a  reasonable  and  proper  compen- 
sation for  their  respective  services;  provided,  that  the  whole 
number  of  counsel  retained  at  any  one  time,  including  him- 
self, shall,  in  no  case,  exceed  the  number  of  Judges  then  en- 
gaged in  hearing  such  petitions. 

CHAPTER  17,  ACTS  OF  1914. 

125A.  The  Board  of  Supervisors  of  Election  of  Anne 
Arundel  county*  shall  annually  on  the  first  day  of  June  in 
each  year  appoint  some  practicing  member  of  the  Bar  of  Anne 
Arundel  county  to  act  as  general  counsel  for  said  board,  and 
for  the  officers  of  registration  and  judges  of  election,  appoint- 
ed by  them,  in  all  matters  and  proceedings  pertaining  to  their 
duties  and  to  appear  for  and  defend  said  Board  of  Super- 
visors, officers  of  registration  and  judges  of  election  at  the 
hearing  of  all  petitions  and  suits  which  may  be  filed  or 
brought  for  or  against  them  under  the  provisions  of  Article 
33  of  the  Code  of  Public  General  Laws  of  Maryland,  title 
"  Elections, "  or  involving  their  rights  and  duties  thereunder. 
For  his  services  as  such  general  counsel  he  shall  receive  an 
annual  salary  of  four  hundred  dollars,  to  be  paid  in  equal 
quarterly  installments  by  the  County  Commissioners  of  Anne 
Arundel  county,  and  he  shall  not  receive  any  other  compensa- 
tion, emolument,  pay,  fee,  appearance  fee  or  recompense  of 
any  kind  whatsoever. 

And  no  attorney's  fee  shall  be  taxed  as  a  part  of  the  costs 
in  any  such  cases.  He  may  be  removed  and  other  counsel 
may  be  appointed  in  his  place  for  the  same  purposes  and  with 
the  same  salary  at  the  discretion  of  said  board. 

CHAPTER  254,  ACTS  OF  1904. 

126.  The  boundaries  of  the  election  districts  of  the  coun- 
ties and  of  the  wards  of  Baltimore  city  shall  remain  as  now 
established  by  law,  but  before  the  first  general  registration 
held  under  this  Article,  and  before  every  subsequent  general 
registration  or  whenever  in  the  judgment  of  the  Board  of 
Supervisors  of  Elections  of  Baltimore  city  it-  shall  be  deemed 


OF  THE  STATE  OF  MARYLAND.  81 

expedient,  it  shall  be  the  duty  of  said  board  to  divide  and  es- 
tablish precincts  in  the  said  wards,  as  in  the  judgment  of  said 
board  shall  best  promote  the  convenience  of  voters ;  provided, 
tha4  no  precinct  upon  the  basis  of  the  registry  of  voters  in  use 
at  Ihe  election  in  the  next  year  preceding  that  in  which  such 
preeinets  are  divided  and  established  shall  contain  over  four 
hundred  and  fifty  registered  voters  in  the  city.  In  dividing 
and  establishing  precincts  in  the  city  of  Baltimore,  the  new 
pre<tincts  shall  conform  to  the  boundaries  of  the  Legislative 
and  Congressional  districts  established  by  law.  The  precincts 
of  each  ward  shall  be  numbered  from  one  upward,  consecu- 
tively. The  boundaries  of  said  precincts  shall  be  made  known 
by  advertising  in  one  or  more  newspapers  in  said  city  once  a 
week  for  two  successive  weeks  before  the  first  day  of  July  in 
each  year  in  which  such  division  is  made.  Such  additional 
books  of  registry  and  such  copies  of  the  original  books  of  reg- 
istry of  the  year  1903,  as  are  provided  by  said  Board  of  Su- 
pervisors of  Elections,  under  the  provisions  of  this  section, 
and  iHe  original  books  of  registry  of  Baltimore  city  for  the 
year  }903,  shall  be  used  at  the  general  elections  to  be  held  in 
the  city  of  Baltimore  in  said  years  1904  and  1905. 

CHAPTER  511,  ACTS  OF  1912. 

127.  It  shall  be  the  duty  of  the  Boards  of  Supervisors  of 
Elections  of  the  several  counties  to  examine  the  boundaries  of 
the  several  election  districts  and  election  precincts  in  their  re- 
spective counties,  from  time  to  time,  and  whenever,  in  their 
judgement  and  discretion,  it  shall  be  expedient  for  the  conven- 
ience of  the  voters  to  sub-divide  any  of  said  election  districts 
or  ejection  precincts  or  to  sub-divide  and  change  the  boun- 
daries of  any  two  or  more  precincts  in  any  election  district 
into;  three  or  more  precincts  they  are  hereby  empowered  and 
authorized  to  make  such  sub-divisions,  and  to  establish  the 
boundaries  of  such  sub-divisions  in  such  way  as  to  facilitate 
anc^1  expedite  the  casting  of  their  ballots  by  the  voters  thereof, 
either  by  a  designation  of  an  entirely  new  and  different  poll- 
ing place  or  places,  or  by  providing  for  two  or  more  separate 
poljing  places  at  or  near  the  former  polling  place  or  places ; 
provided,  however,  that  no  election  district  shall  be  sub-di- 
vided into  two  or  more  precincts  that  has  not  an  excess  of  six 
hundred  voters ;  and  no  precinct  or  group  of  precincts  in  any 
district  shall  be  sub-divided  unless  one  or  more  of  said  pre- 
(•iwts  so  intended  to  be  divided,  shall  contain  an  excess  of  six 
hundred  voters;  and  whenever  in  the  exercise  of  the  discre- 
tion conferred  upon  the  several  Boards  of  Supervisors  of 
Elections  by  this  section,  they  shall  sub-divide  any  election 
district  01*  election  precinct  or  precincts,  they  shall  appoint 
officers  of  registration  and  judges  and  clerks  of  election  there- 
for, as  in  this  Article  provided,  who  shall  have  all  the  pow- 


82  REGISTRATION  AND  ELECTION  LAWS 

eix  perform  all  the  duties,  be  subject  to  all  responsibilities 
and  be  liable  to  all  the  penalties  prescribed  in  this  Article  for 
officers  of  registration,  judges  and  clerks  of  election.  All  the 
members  of  the  Boards  of  Supervisors  for  the  several  counties 
whenever  any  such  district  or  precinct  or  precincts  is  or  are 
divided,  as  herein  provided,  shall  sign  their  name  to  the  books 
which  contain  the  names  copied  from  the  original  books  for 
such  new  district  or  precinct  in  the  hands  of  said  Supervisors, 
and  shall  duly  certify  that  said  new  books  contain  all  the 
names  of  the  persons  entitled  to  vote  in  such  newly  established 
district  or  precinct,  such  said  certificate  shall  appear  OIL  the 
blank  line  next  following  the  last  name  in  each  letter  ot!  the 
alphabetical  list  of  names  in  the  new  books  so  transcribed,  and 
such  said  certificates  shall  be  attested  by  the  clerk  to  the  re- 
spective Boards  of  Supervisors.  And  said  Boards  of  Supervis- 
ors shall  furnish  to  the  officers  of  registration  and  judges  of 
election,  appointed  by  them  for  such  new  additional  voting 
precincts,  full  and  complete  sets  of  registry  books,  containing 
the  names  of  all  voters  already  registered,  duly  and  properly 
arranged  for  such  additional  voting  precincts,  and  for  ktie  en- 
tering upon  such  registry  books  persons  entitled  to  be  newly 
registered  thereon ;  the  cost  of  such  sub-division  and  prepara- 
tion of  proper  registry  books  shall  be  paid  by  the  County  Com- 
missioners of  the  counties  in  which  such  sub-division  shall  be 
made  upon  proper  requisition  and  vouchers  presented  by  the 
Boards  of  Supervisors  of  Elections.  The  boundaries  oE  said 
additional  precincts  established  under  this  section  sha.ll  be 
made  known  by  advertisement  in  two  newspapers  in  said 
counties,  once  a  week  for  three  successive  weeks,  before  the 
first  day  of  September  in  each  year  in  which  such  siib-division 
is  made.  Said  newspapers  to  be  designated  as  provided  in 
other  cases  under  this  Article  where  advertisements  ait?  re- 
quired to  be  made  in  at  least  two  newspapers:  provided,  lio\v 
ever,  that  nothing  in  this  Act  shall  be  construed  to  alt<w  or 
change  the  boundaries  or  location  of  any  precinct  as  now  es- 
tablished by  the  several  Boards  of  Supervisors  of  Elections, 
and  all  precincts  as  now  located  and  laid  out  or  sub-divided 
by  the  Supervisors  of  Elections  be  and  the  same  are  hereby 
sanctioned,  ratified  and  confirmed;  provided,  however,  that 
nothing  in  this  Act  shall  be  construed  to  prevent  the  several 
Boards  of  Supervisors  of  Elections  in  the  counties  of  this 
State,  with  the  exception  of  Wicomico  county,  from  sub-dipid- 
ing  any  distinct,  precinct  or  precincts  in  conformity  with  the 
provisions  of  this  Act,  and  provided  further,  that  in  Wico- 
mico county,  the  several  districts  and  pre<-incts  as  now  Laid 
out  and  located,  and  the  polling  places  therein  as  now  located 
in  the  said  several  districts  and  precincts  are  sanctioned,  rati- 
fied and  confirmed  and  the  Board  of  Supervisors  of  Elect  io  s 
shall  have  no  power  in  said  Wicomico  county  to  sub-divide  or 
re-locate  and  district  or  precinct,  and  shall  have  no  power  to 
change  the  location  of  any  polling  place  in  said  county. 


OF  THE  STATE  OF  MARYLAND.  83 

CHAPTER  202,  ACTS  OP  1896. 

i 

128.  The  Board  of  Supervisors  of  Elections  in  the  city  of 
Baltimore,  shall,  moreover,  in  every  year  in  which  such  divi- 
sion is  mjfcde.  cause  to  be  prepared  maps  of  said  city,  showing 
the  bountferies  of  the  wards  and  precincts  as  established  by 

.  said  board.  They  shall  furnish  a  sufficient  number  of  copies 
of  such  maps  to  the  officers  of  registration  of  each  precinct, 
who  shall  Ikeep  one  or  more  copies  of  such  maps  conspicuously 
posted  in  ithe  offices  of  registration  during  their  sittings,  and 
the  said  board  shall  furnish  copies  of  such  maps  to  any  per- 
son who  Aall  apply  for  the  same,  and  pay  fifty  cents  for 
each  map  pr>  furnished  him. 

CHAPTER  202,  ACTS  OF  1896. 

129.  AlJ  contested  elections  for  Comptroller  of  the  Treas- 
ury, Judge,  Clerks  of  the  Courts  of  Law,  and  Registers  of 
Wills  shall  be  decided  by  the  House  of  Delegates,  and  testi- 
mony in  sudi  cases  shall  be  taken  in  the  same  manner  as  here- 
in prescribed  in  the  contested  seats  in  the  Senate  and  House 
of  Delegates. 

CHAPTER  202,  ACTS  OF  1896. 

130.  All  Cases  of  contested  elections  of  any  of  the  officers 
not  provided  in  the  Constitution,  or  in  the  preceding  sections 
shall  be  decided  by  the  Judges  of  the  several  Circuit  Courts, 
each  in  his  respective  circuit,  and  by  the  Superior  Court  of 
Baltimore  CJily,  in  the  city  of  Baltimore. 

CHAPTER  202,  ACTS  OF  1896. 

131.  Each  Judge  of  the  Circuit  Court  and  of  the  Superior 
Court  of  Baltimore  City  may  adopt  such  modes  of  proceed- 
ing and  adjudging  costs  in  cases  of  contested  elections  as  to 
him  shall  ;teeem  most  satisfactory,  but  the  rules  of  taking  tes- 
timony in!  such  cases  shall  be  the  same  as  those  which  regu- 
late the  taking  of  testimony  in  contested  election  cases  recog- 
nizable by  the  House  of  Delegates. 

CHAPTER  202,  ACTS  OF  1896. 

132.  If  either  party  shall  deem,  himself  aggrieved  by  the 
decision  (if  any  of  the  Circuit  Courts  or  the  Supreme  Court  of 
Baltimore  City  in  cases  of  contested  elections  he  shall  have  a 
right  of  appeal  to  the  Court  of  Appeals,  as  in  other  cases; 
said  appall  to  be  taken  within  five  days  from  the  date  of  the 
decision  complained  of;  and  shall  be  heard  and  decided  by 
the  Court  of  Appeals  as  soon  after, transmission  of  the  record 
as  may  l|i!  practicable,  and  the  testimony  taken  in  such  cases 
shall  be  ifent  up  to  the  Court  of  Appeals  as  part  of  the  record. 


84 


REGISTRATION  AND  ELECTION  LAWS 
CHAPTER  202,  ACTS  OF  1896. 


133.  The  party  intending  to  contest  an  election  for  the 
Senate  or  House  of  Delegates  shall  give  notice  of  sinch  inten- 
tion to  the  person  elected,  or,  in  case  of  a  tie  vote,  to  the  per- 
son against  whom  the  contest  is  to  be  instituted,  within  thirty 
days  after  the  Judges  of  Elections  shall  have  made  known 
publicly  the  state  of  the  polls,  unless  at  a  special  (election  to 
fill  a  vacancy,  when  such  notice  shall  be  given  within  ten  days 
after  the  state  of  the  polls  is  announced  by  the  Judies  of  Elec- 
tions. 

CHAPTER  202,  ACTS  OF  1896. 

134.  Such  notices  shall  be  delivered  in  writing  jit  the  usual 
residence  of  the  person  returned  and  if  he  be  absent  shall  be 
left  there. 

CHAPTER  202,  ACTS  OF  1896. 

135.  The  party  intending  to  make  examination  shall,  after 
such  notice,  apply  to  some  justice  of  the  peace  of  the  county 
or  city  wherein  the  election  is  contested,  and  shall  obtain  a 
notice  under  his  hand  and  seal,  directed  to  the  opposite  party, 
requiring  him  to  attend  in  person  or  by  attorney  and  cross- 
examine  witnessess. 

CHAPTER  202,  ACTS  OF  1896. 

I 

136.  The  justice  in  such  cases  shall  have  ths  usual  power 
to  coerce  the  attendance  of  witnesses. 

CHAPTER  202,  ACTS  OF  1896. 

137.  The  notice  of  the  justice  shall  contain  the  names  of 
the  witnesses  with  the  facts  expected  to  be  proven  by  them, 
and  shall  state  the  time  and  place  of  examination,  and  shall 
be  served  on  the  opposite  party  or  his  attorney  at  least  ten 
days  previous  -to  the  proposed  examination. 

CHAPTER  202,  ACTS  OF  1896. 

138.  Every  person  deposing  shall  be  examine  1  011  oath. 


and  his  testimony  shall  be  reduced  to  writing,  eitl 


IT  by  him- 


self, in  the  presence  of  the  justice,  or  by  the  justice,  or  by  a 
clerk  by  him  appointed  and  sworn  fairly  to  write  down  and 
transcribe  the  depositions  and  shall  be  transcribed  (by  the  de- 
ponent. 

CHAPTER  202,  ACTS  OF  1896. 

139.  The  depositions  so  taken,  together  with  a  (certificate 
of  the  notices,  and  proof  of  service  of  them,  shall  be  sealed  up 
by  the  justice  who  took  them,  and  transmitted  to  tjie  presid- 
ing officer  of  the  body  in  which  the  seat  is  contested. 


OF  THE  STATE  OF  MARYLAND.  85 

CHAPTER  202,  ACTS  OF  1896. 

140.  The  examination  of  witnesses,  taken  in  the  manner 
herein  prescribed,  and  in  no  other,  shall  hereafter  be  admit- 
ted on  trial  of  contested  elections. 

CHAPTER  202,  ACTS  OF  1896. 

141.  The  copies  of  any  papers  recorded  in  any  office  of 
record,  attested  under  the  hand  and  seal  of  the  recording  of- 
ficer, shall  be  admitted  to  all  such  trials  in  the  same  manner 
as  the  originals  would  be  if  produced. 

CHAPTER  202,  ACTS  OF  1896. 

142.  The  copies  of  any  other  papers  of  a  public  nature, 
and  remaining  in  possession  of  a  public  officer,  and  extracts 
from  the  poll-books,  under  the  hand  and  seal  of  the  clerk  of 
the  court  or  public  officer  in  whose  office  they  are  deposited, 
shall  be  admitted  as  evidence. 

«•• 

CHAPTER  133,  ACTS  OF  1902. 

143.  The  Board  of  Police  Commissioners  in  the  city  of  Bal- 
timore and  the  Clerks  of  the  Circuit  Courts  in  the  counties  to 
whom  ballots  have  been  returned  under  the  provisions  of  this 
Article  shall  produce  any  such  ballots  in  regard  to  which  tes- 
timony may  be  proposed  to  be  taken  before  a  justice  of  the 
peace  taking  depositions  in  a  contested  election  and  shall  fur- 
nish'said  justice  copies  of  the  same  only  on  the  order  first  had 
and  obtained  from  some  of  the  courts  of  Baltimore  City  or 
the  Circuit  Courts  for  the  counties,  or  some  one  of  the  Judges 
thereof,  and  then,  in  pursuance  of  the  terms  and  conditions 
of  said  order  and  subject  of  its  restrictions;  and  said  Police 
Commissioners  of  Baltimore  City,  and  said  clerks  as  the  case 
may  be,  shall  retain  such  ballots  in  possession  and  custody  un- 
til such  ballots  shall  be  required  by  the  order  of  the  court  hav- 
ing jurisdiction  in  the  case,  to  be  delivered  to  said  court,  or 
by  order  of  the  Senate  or  House  of  Delegates,  or  by  order  of 
the  First  Branch  or  Second  Branch  of  the  City  Council  of 
Baltimore,  in  whichever  the  seat  is  contested. 

CHAPTER  202,  ACTS  OF  1896. 

144.  The  justice  before  whom  such  depositions  shall  be 
taken  shall  be  entitled  to  the  sum  of  two  dollars  for  every  day 
he  may  be  engaged  in  the  examination  of  witnesses,  and  the 
witnesses  shall  be  entitled  to  the  usual  allowance  for  their  at- 
tendance before  a  justice  of  the  peace,  to  be  pai'd  by  the  party 
on  whose  behalf  such  examination  is  held  and  said  witnesses 
are  summoned. 


86  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  202,  ACTS  OF  1896. 

14:5.  No  person  contesting  a  seat  of  any  one  who  has  been 
regularly  returned  by  the  judges  of  election  as  elected  to  u, 
seat  in  the  Senate  or  House  of  Delegates  shall  be  allowed  any 
per  diem,  mileage  or  other  pay,  unless  the  party  so  contesting 
shall  establish  his  right  to  such  seat. 

CHAPTER  202,  ACTS  OF  1896. 

146.  On  the  first  Tuesday  next  after  the  first  Monday  of 
November  preceding  the  time  fixed  by  law  of  the  United 
States  for   choice   of   President   and  Vice-President  of  the 
United  States,  there  shall  be  elected  by  general  tickets  as 
many  electors  of  President  and  Vice-President  as  this  State 
shall  be  entitled  to  appoint. 

CHAPTER  202,  ACTS  OF  1896. 

147.  Each  citizen  of  this  State  entitled  to  vote  for  dele- 
gates to  the  General  Assembly  shall  have  the  right  to  vote  for 
the  whole  number  of  electors ;  and  the  several  persons,  to  the 
number  required  to  be  chosen,  having  the  highest  number  of 
votes,  shall  be  declared  and  deemed  duly  appointed  electors. 

CHAPTER  202,  ACTS  OF  1896. 

148.  If  any  of  the  persons  voted  for  as  electors  shall  have 
an  equal  number  of  votes  so  as  to  defeat  a  choice  between 
them,  the  Governor  shall  determine  by  lot  which  of  the  per- 
sons having  such  equal  number  of  votes  shall  be  electors,  so  as 
to  complete  the  whole  number  to  which  the  State  shall  be  en- 
titled. 

CHAPTER  202,  ACTS  OF  1896. 

149.  The  said  election  shall  in  all  respects  be  conducted  as 
other  elections,  and  the  returns  thereof  made  and  canvassed 
as  hereinbefore  directed. 

CHAPTER  202,  ACTS  OF  1896. 

150.  Upon  the  meeting  of  the  persons  returned  elected  as 
electors  of  President  and  Vice-President.  or  of  as  many  of 
said  persons  as  may  attend  on  the  day  appointed  by  the  Con- 
stitution and  Laws  of  the  United  States,  the  said  electors  who 
are  present,  before  proceeding  to  perform  the  duties  reposed 
in  them  shall  fill  any  vacancy  which  may  exist  in  the  said  col- 
lege of  electors,  at  such  meeting,  whether  such  vacancy  be  oc- 
casioned by  absence  or  otherwise ;  and  the  said  person  or  per- 
sons so  appointed  to  fill  such  vacancy  or  vacancies  shall  be  en- 


OF  THE  STATE  OF  MARYLAND.  87 

titled  to  all  the  rights  and  privileges  of  those  proclaimed  by 
the  Governor  as  duly  elected  electors  of  President  and  Vice- 
President  of  the  United  States. 

CHAPTER  202,  ACTS  OF  1896. 

151.  The  electors  for  this  State  shall  meet  in  the  State 
House,  in  the  city  of  Annapolis,  and  give  their  votes  for  Presi- 
dent and  Vice-President  of  the  United  States  at  the  hour  of 
noon  upon  the  first  Wednesday  in  December,  in  the  year  in 
which  they  are  appointed. 

CHAPTER  202,  ACTS  OF  1896. 

152.  Elections  of  Representatives  of  this  State  in  the  Con- 
gress of  the  United  States  shall  be  held  on  the  Tuesday  next 
after  the  first  Monday  in  the  month  of  November  every  two 
years,  commencing  in  the  year  eighteen  hundred  and  ninety- 
six,  and  taking  place  every  second  year  thereafter. 

CHAPTER  202.  ACTS  OF  1896. 

153.  If  a  vacancy  should  occur  by  death,  resignation  or 
otherwise,  at  such  period  as  to  make  it  necessary  that  a  Rep- 
resentative or  Representatives  in  Congress  from  this  State 
should  be  chosen  before  the  regular  time  for  such  election,  the 
Governor  shall  by  proclamation  direct  that  a  special  election 
be  held  to  fill  such  vacancy,  which  proclamation  shall  require 
at  least  twenty  days'  notice  of  such  election  to  be  given  by  the 
Supervisors  of  Elections  to  the  sheriffs  of  the  respective  coun- 
ties or  city  of  Baltimore,  comprising  the  Congressional  dis- 
trict in  which  such  vacancy  may  exist. 

CHAPTER  136,  ACTS  OF  1902. 

154.  This  State  shall  be  divided  into  six  districts  for  the 
choosing  of  six  Representatives  in  the  Congress  of  the  United 
States,  which  will  be  numbered,  respectively,  from  one  to  six. 

CHAPTER  136,  ACTS  OF  1902. 

155.  The  First  Congressional  District  shall  be  composed  of 
Worcester  county,  Somerset  county,  Wicomico  county,  Dor- 
chester county,  Talbot  county,  Queen  Anne's  county,  Caroline 
county,  Kent  county  and  Cecil  county,  and  shall  be  entitled 
to  choose  one  Representative  in  the  House  of  Representatives. 


88  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  136,  ACTS  OF  1902. 

156.  The  Second  Congressional  District  shall  be  composed 
of  the  Fifteenth  and  Sixteenth  wards  of  Baltimore  city,  as 
said  wards  are  numbered  by  the  Act  of  1901,  Chapter  8,  of 
Harford  county,  Carroll  county  and  Baltimore  county,  and 
shall  be  entitled  to  choose  one  Representative  in  the  House  of 
Representatives. 

CHAPTER  136,  ACTS  OF  1902. 

157.  The  Third  Congressional  District  shall  be  composed 
of  the  First,  Second.  Third,  Fourth,  Fifth,  Sixth,  Seventh, 
Eighth  and  Twenty-second  wards  of  Baltimore  city,  and  the 
Ninth,  Tenth,  Eleventh  and  Thirteenth  Election  Precincts  of 
the  Eighteenth  ward  of  Baltimore  city,  as  said  wards  are 
numbered  by  the  Act  of  1901,  Chapter  8,  and  shall  be  entitled 
to  choose  one  Representative  in  the  House  of  Representatives. 

CHAPTER  136,  ACTS  OF  1902. 

158.  The  Fourth  Congressional  District  shall  be  composed 
of  the  Ninth,  Tenth,  Eleventh,  Fourteenth,   Twelfth,   Thir- 
teenth, Seventeenth,  Nineteenth  and  Twentieth  wards  of  Bal- 
timore city,  and  the  First',  Second,  Third  and  Twelfth  Elec- 
tion Precincts  of  the  Eighteenth  ward  of  Baltimore  city,  as 
said  wards  are  numbered  by  the  Act  of  1901,  Chapter  8,  and 
shall  be  entitled  to  choose  one  Representative  in  the  House  of 
Representatives. 

CHAPTER  136,  ACTS  OF  1902. 

159.  The  Fifth  Congressional  District  shall  be  composed  of 
the  Twenty-first,  Twenty-third  and  Twenty-fourth  wards  of 
Baltimore  city,  and  the  Fourth,  Fifth,  Sixth,  Seventh  and 
Eighth  Election  Precincts  of  the  Eighteenth  ward  of  Balti- 
more city,  as  said  wards  are  numbered  by  the  Act  of  1901, 
Chapter  8,  and  of  St.  Mary's  county.  Charles  county,  Calvert 
county,  Price  George's  county,  Anne  Arundel  county,  and 
Howard  county,  and  shall  be  entitled  to  choose  one  Represen- 
tative in  the  House  of  Representatives. 

CHAPTER  136,  ACTS  OF  1902. 

160;  The  Sixth  Congressional  District  shall  be  composed 
of  Allegany  county.  Garrett  county,  Washington  county, 
Frederick  county  and  Montgomery  county,  and  shall  be  en- 
titled to  choose  one  Representative  in  the  House  of  Represen- 
tatives. 


OK  TMK  STATE  OF  MAKYLAND.  89 

s, 

CHAPTER  202,  ACTS  OF  1896. 

16.1.  The  judges  of  the  election  districts  of  Baltimore  coun- 
ty forming  part  of  the  Second  Congressional  District  shall 
make  a  return  separate  from  that  to  be  made  by  the  judges  of 
the  remaining  districts  of  said  county  and  the  judges  of  the 
election  precincts  of  Baltimore  city  composing  the  Third  Con- 
gressional District  and  the  judges  of  the  election  precincts  of 
Baltimore  city,  composing  the  Fourth  Congressional  District, 
shall,  respectively,  make  separate  returns,  and  separate  re- 
turns shall  in  like  manner  be  made  by  the  judges  of  the  elec- 
tion precincts  in  said  city,  constituting  a  part  of  the  Second 
Congressional  District,  and  also  by  the  judges  of  the  election 
precincts  in  said  city  constituting  a  part  of  the  Fifth  Con- 
gressional District. 

CHAPTER  202,  ACTS  OF  1896. 

162.  All  Public  General  Laws  or  Public  Local  Laws,  or 
parts  thereof,  which  are  inconsistent  with  the  provisions  of 
this  Article  are  hereby  repealed ;  provided,  that  every  offence 
which  has  been  or  shall  have  been  wholly  or  partly  committed 
against  any  of  said  Public  General  or  Public  Local  Laws,  or 
parts  thereof,  before  Apr.  2,  1896,  shall  be  dealt  with,  inquir- 
ed into,  tried,  determined  and  punished:  and  any  penalty  in 
respect  to  any  offense  shall  be  imposed  or  inflicted,  and  any 
fine  shall  be  imposed,  enforced  or  recovered  in  the  same  man- 
ner as  if  the  said  laws  or  parts  thereof,  had  not  been  repealed ; 
and  110  case  pending  shall  abate,  by  reason  of  such  repeal,  and 
every  act  duly  done  and  every  warrant  or  other  instrument 
duly  issued,  made  or  granted  before  April  2,  1896,  shall  con- 
tinue and  be  of  the  same  force  and  effect  as  if  the  said  laws 
or  parts  thereof  had  not  been  repealed;  and  provided  also, 
that  any  right,  liability,  privileges  and  protection  in  respect 
to  any  matter  or  thing  committed  or  done  before  April  2, 
1896,  shall  continue  and  be  of  the  same  force  and  effect  as  if 
the  said  laws  or  parts  thereof  had  not  been  repealed;  and 
every  action,  prosecution  or  other  proceeding  which  shall 
have  commenced  before  April  2,  1896,  or  shall  thereafter  be 
commenced  in  respect  to  any  such  matter  or  thing  done  before 
April  2,  1896,  may  be  prosecuted,  continued  and  defended  in 
the  same  manner  as  if  said  laws  or  parts  thereof  had  not  been 
repealed ;  and  provided  also,  that  nothing  in  this  Article  shall 
be  construed  to  repeal  any  provisions  of  the  existing  laws  ap- 
plicable to  the  city  of  Baltimore  for  the  prevention  of  the  sale 
or  dispensing  of  any  liquor  or  for  the  preservation  of  peace 
and  order  therein  on  any  election  day. 


90  REGISTRATION  AND  ELECTION  LAWS 


CORRUPT  PRACTICES. 


CHAPTER  122,  ACTS  OF  1908. 

163.  The  provisions  of  this  Act  shall  apply  to  all  elections 
of  all  officers  for  whom  ballots  shall  be  cast  pursuant  to  the 
provisions  of  this  Article  of  the  Code  of  Public  General  Laws, 
and  to  the  election  of  all  officers  by  the  General  Assembly  of 
Maryland  and  to  all  primary  elections  preliminary  to  any 
such  other  elections  or  primary  elections,  and  the  term  "Pri- 
mary Elections"  shall  include  (a)  all  elections  held  to  nomi- 
nate a  candidate  for  any  public  office,  or  to  elect  delegates  to 
a  nominating  convention;  (&)  nominating  conventions  of  such 
delegates;  (c)  caucuses  of  members  of  the  General  Assembly. 

CHAPTER  228,  ACTS  OF  1912. 

164.  The  term  "Political  Committee"  within  the  meaning 
of  this  Act,  shall  include  every  committee  or  combination  of 
two  or  more  persons  to  aid  or  promote  the  success  or  defeat  of 
any  political  party  or  principle  in  any  election,  or  of  any  pro- 
position submitted  to  vote  at  a  public  election,  or  to  aid  or 
take  part  in  the  nomination  or  election  of  any  candidate  for 
public  office.     The  term  "Treasurer"  shall  include  all  per- 
sons appointed  by  any  political  committee  or  candidate  for 
nomination  or  election  to  any  public  office,  to  receive  or  dis- 
burse moneys  to  aid  or  promote  the  success  or  defeat  of  any 
such  party,  principle  or  candidate.     The  term  "Treasurer" 
shall  include  all  persons  appointed  by  any  political  commit- 
tee or  candidate  for  nomination  or  election  to  any  public  of- 
fice, to  receive  or  disburse  moneys  to  aid  or  promote  the  suc- 
cess or  defeat  of  any  such  party,  principle  or  candidate.    The 
term  "Political  Agent"  shall  include  all  persons  appointed 
by  any  candidate  before  any  election,  or  primary  election,  to 
assist  him  in  his  candidacy.    No  person  shall  act  as  any  such 
treasurer  or  political  agent  unless,  after  his  appointment,  and 
before  the  primary  or  election  for  which  he  is  appointed,  a 
writing  signed  by  the  political  committee  or  candidate  ap- 
pointing him  and  designating  him  as  such  treasurer  or  po- 
litical agent;  shall  be  filed  with  the  Secretary  of  State,  except 
that  in  case  the  duties  of  such  treasurer  or  political  agent 
shall  relate  to  any  county,  city,  ward  or  district  election  ex- 
clusively,  or  to   any   primary   election   preliminary  thereto. 


OK  THH  STATE  OF  MAP.YI.AM>.  91 

such  writing  shall  be  filed  with  the  clerk  of  the  Circuit  Court 
of  the  county  within  which  such  treasurer  or  political  agent 
resides,  or  with  the  clerk  of  the  Circuit  Court  of  Baltimore 
city,  if  such  treasurer  or  political  agent  resides  in  Baltimore 
city,  instead  of  with  the  Secretary  of  State.  Every  such  writ- 
ing shall  designate  the  particular  period,  election  or  primary 
election  within  which  such  treasurership  of  political  agency 
shall  continue.  Nothing  in  this  Act  shall  prevent  the  treas- 
urer or  political  agent  of  any  other  candidate,  but  no  candi- 
date for  public  office  or  nomination  therefor  may  designate 
himself  as  his  own  political  agent  or  act  as  the  political  agent 
or  treasurer  of  any  other  candidate.  No  person  shall  be  ap- 
pointed or  act  as  treasurer  or  political  agent  in  any  election 
or  primary  election  who  is  not  a  citizen  and  resident  of  the 
State  of  Maryland. 

CHAPTER  122,  ACTS  OF  1908. 

165.  Every  political  committee  shall  appoint  and  constant- 
ly maintain  a  treasurer  to  receive,  keep  and  disburse  all  sums 
of  money,  or  other  valuable  things,  which  may  be  collected,  re- 
ceived or  disbursed  by  such  committee  or  by  any  of  its  mem- 
bers for  any  purposes  mentioned  in  Section  162  of  this  Article 
or  for  which  such  committee  exists  or  acts,  and  unless  such 
treasurer  is  first  so  appointed  and  maintained,  it  shall  be  un- 
lawful and  a  violation  of  this  Article  for  a  political  commit- 
tee, or  any  of  its  members,  to  collect  or  receive  or  disburse 
money,  or  other  valuable  things,  for  any  such  purposes.  The 
treasurer  appointed  under  this  Act  by  the  State  Central  Com- 
mittee of  any  party,  and  the  treasurer  appointed  in  any  coun- 
ty or  in  the  city  of  Baltimore,  by  the  members  of  the  State 
Central  Committee  for  such  county  or  city  of  any  party,  and 
the  treasurer  appointed  by  the  city  committee  of  any  party  in 
the  city  of  Baltimore,  before  proceeding  to  act  shall  give  bond 
to  the  State  of  Maryland  in  such  penalty  as  the  committee  by 
whom  he  shall  be  appointed  shall  prescribe,  conditioned  for 
the  faithful  performance  by  him  of  the  duties  of  his  office, 
without  loss  or  detriment  to  any  person  interested  in  the  per- 
formance of  such  duties;  upon  which  bond  an  action  may  be 
maintained  in  the  name  of  the  State  of  Maryland  for  the  use 
of  any  person  interested  in  the'  faithful  performance  of  his 
said  duties  and  injured  by  a  breach  of  the  condition  of  said 
bond.  The  premium  required  to  be  paid  for  such  bond  may 
be  paid  by  him  out  of  the  funds  that  shall  come  into  his  hands 
as  such  treasurer  and  shall  be  allowed  to  him  as  a  credit  in 
the  settlement  of  his  accounts.  All  money  or  other  valuable 
things  collected,  received  or  disbursed  by  any  political  com- 
mittee, or  by  any  member  or  members  thereof,  for  any  pur- 
poses aforesaid,  shall  be  paid  over  to  and  made  to  pass 
through  the  hands  of  the  treasurer  of  such  committee  and 


92  REGISTRATION  AND  ELECTION  LAWS 

shall  be  disbursed  by  him,  and  not  otherwise ;  and  it  shall  be 
unlawful  and  a  violation  of  this  Article  for  any  political  com- 
mittee or  for  any  member  or  members  of  a  political  committee, 
to  disburse  or  expend  money  or  any  other  valuable  things,  for 
any  of  said  purposes  until  the  money  or  other  valuable  things 
so  disbursed  or  expended  shall  have  passed  through  the  hands 
of  the  treasurer  of  such  committee  ;  and  any  person  other  than 
a  member  of  such  political  committee  or  other  than  the  politi- 
cal agent,  as  hereinbefore  defined,  who  shall  engage  in  re- 
ceiving or  disbursing  money  for  any  of  the  purposes  afore- 
said, shall  be  deemed  a  treasurer  of  a  political  committee  with- 
in the  meaning  of  this  Article,  and  shall  be  subject  to  all  the 
requirements,  obligations  and  penalties  hereby  provided  for 
and  in  the  case  of  such  treasurer :  provided,  however,  that  the 
treasurer  appointed  under  this  Act  by  the  State  Central  Com- 
mittee of  any  party,  or  the  treasurer  appointed  in  any  county 
or  the  city  of  Baltimore  by  the  members  of  the  State  Central 
Committee  for  such  county  or  city  of  any  party,  or  the  treas- 
urer appointed  by  the  city  committee  of  Baltimore  city  of  any 
party,  may  appoint  one  sub-treasurer  for  each  voting  precinct 
in  the  said  county  or  city,  as  the  case  may  be,  which  sub-treas- 
urer, is  authorized  to  expend  such  money  as  may  be  placed  in 
his  hands  by  the  treasurer  appointing  him  for  such  purposes 
as  are  lawful  under  the  provisions  of  this  Act  and  for  no 
other  purpose,  and  it  shall  be  the  duty  of  every  such  sub-treas- 
urer, within  ten  days  after  every  election  or  primary  election 
to  make  a  report  in  writing  under  oath  to  the  treasurer  ap- 
pointing him  stating  in  detail  the  amount  of  money  placed 
in  his  hands  by  the  said  treasurer  and  for  what  purposes  the 
said  money  was  expended  by  him  and  to  whom  paid;  and  it 
shall  be  the  duty  of  every  such  treasurer  to  file  the  report  of 
every  sub-treasurer  appointed  by  him  along  with  and  as  a 
part  of  the  account  and  statement  required  to  be  filed  by  such 
treasurer  under  the  provisions  of  Section  167  of  this  Act.  Any 
person  or  persons  violating  or  failing  to  comply  with  any  of 
the  provisions  of  this  section  or  of  the  preceding  section  of 
this  Article,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  less  than  three  hundred  dol- 
lars nor  more  than  one  thousand  dollars,  or  imprisoned  for 
not  more  than  two  years,  or  both  fined  and  imprisoned  in  the 
discretion  of  the  court. 

CHAPTER  122,  ACTS  OF  1908. 

166.  Any  person  nominated  as  a  candidate  for  public  of- 
fice, or  a  candidate  for  any  nomination  for  public  office,  may 
make  a  voluntary  payment  of  money  to  any  treasurer  or  po- 
litical agent,  subject  to  the  provisions  and  restrictions  of  this 
Act  and  for  any  of  the  purposes  permitted  by  this  Act,  and 
for  no  other  purposes,  and  no  person  other  than  such  a  candi- 


OF  THE  STATE  OF  MARYLAND.  !>:} 

date  shall,  to  aid  or  promote  the  success  or  defeat  of  any  po- 
litical patty  or  principle  or  of  any  proposition  submitted  to 
vote  at  any  public  election,  or  of  any  candidate  for  public  of- 
fice, or  o)f  any  candidate  for  nomination  as  such,  within  six 
months  prior  to  any  such  election,  make  a  payment  or  contri- 
bution of  money  or  property  or  incur  any  liability  or  promise 
any  valuable  thing  to  any  person  other  than  to  the  treasurer 
or  political  agent.  Nothing  contained  in  this  Act  shall  limit 
or  affect  the  right  of  any  person  to  expend  money  for  proper 
legal  expenses  in  maintaining  or  contesting  the  result  of  any 
such  elections. 

CHAPTER  228,  ACTS  OF  1912. 


167.  No  person  other  than  a  treasurer  or  political  agent 
shall  pay  any  of  the  expenses  of  any  election  or  primary  elec- 
tion, except  that  a  candidate  may  pay  his  own  expenses  for 
postage,  telegrams,  telephoning,  stationery,  printing,  adver- 
tising, publishing,  expressage  and  traveling  and  board.  The 
payments,  expenditures,  promises  and  liabilities  which  any 
candidate  for  nomination  or  for  election  may  make  or  incur, 
directly  or  indirectly,  whether  in  money  or  other  thing  of 
value,  under  this  or  the  preceding  section,  shall  not  exceed  in 
the  whole  ten  dollars  for  each  one  thousand  (or  the  major  por- 
tion thereof),  up  to  fifty  thousand  and  five  dollars  for  each 
one  thousand  (or  the  major  portion  thereof)  in  excess  of  fifty 
thousand!  of  the  registered  voters  qualified  to  vote  for  the  of- 
fice in  question  at  the  next  preceding  election  therefor,  all  to 
be  paid,  'handled  and  disbursed  by  a  treasurer  or  political 
agent  and  not  otherwise ;  and  any  payment,  contribution,  ex- 
penditure of,  or  promise  or  liability  to  pay,  contribute  or  ex- 
pend any  money,  or  valuable  thing,  in  excess  of  said  sum, 
shall  be  unlawful;  provided,  however,  that  a  candidate  for 
election  may  pay  personally,  in  addition  to  said  sum  or  val- 
uable thing  or  things  amounting  thereto,  his  own  expenses  for 
postage,  telegrams,  telephoning,  stationery,  printing,  advertis- 
ing, publishing,  expressage,  traveling  and  board;  provided 
further  that  any  payment,  expenditure,  contribution,  promise 
or  liability  which  may  be  made  or  incurred,  directly  or  in- 
directly, by  the  wife  of  any  candidate  for  an  office  or  nomina- 
tion shall  be  charged  against  the  candidate  as  if  made  by  the 
candidate  himself;  and  provided  further,  that  nothing  in  this 
Act  shall  be  taken  or  construed  to  prohibit  the  chairman  of 
the  Slate  Central  Committee  of  the  State  or  of  any  county  or 
of  the  city  of  Baltimore  of  any  political  party  from  soliciting 
contributions  for  campaign  purposes,  which  contributions, 
however,  shall  all  be  expended  in  accordance  with  and  subject 
to  the  provisions  and  restrictions  of  this  Act. 


94  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  228,  ACTS  OF  1912. 

168.  It  shall  be  lawful  for  any  treasurer  or  political  agent 
in  connection  with  any  election,  or  primary  election,  and  in 
making  provisions  therefor  to  pay  the  following  expenses: 
(a)  of  hiring  of  hall  and  music  for  the  convention  public 
meetings  and  public  primaries  and  for  advertising  tlie  same; 
(6)  of  printing  and  circulating  political  articles,  circulars, 
pamphlets  and  books;  (c)  of  printing  and  distributing  sam- 
ple or  specimen  ballots  and  instructions  to  voters ;  subject 
however,  to  such  prohibitions  or  restrictions  as  may  be  im- 
posed by  this  Article  upon  the  publication  and  distribution  of 
such  sample  or  specimen  ballots  or  instructions;  (d)  (tf  rent- 
ing rooms  and  headquarters  to  be  used  by  political  commit- 
tees; (e)  of.  compensating  clerks,  stenographers  and  typewrit- 
ers employed  in  the  committee  rooms,  and  also  of  challengers 
and  watchers  employed  in  the  registration  rooms,  in  the  vot- 
ing rooms  and  at  the  polls;  (/)  the  traveling  and  other  legiti- 
mate expenses  of  political  agents,  committees  and  public 
speakers;  (g)  of  necessary  postage,  telegrams,  telephoning, 
printing  expenses  and  conveyance  charges  for  carrying  per^ 
sons  to  and  from  the  polls,  or  to  and  from  the  office  of  regis- 
tration; (h)  the  cost  and  expenses  of  messengers  sent  by  di- 
rection of  the  chairman  of  the  State  Central  Committee  of  any 
political  party  in  connection  with  party  matters  or  interests, 
and  also  the  cost  and  expenses  of  any  person  or  persons  sum- 
moned by  or  at  the  instance  of  the  chairman  of  the  State  Cen- 
tral Committee  of  any  political  party  to  the  committee 's  head- 
quarters or  offices  in  connection  with  party  matters  or  inter- 
ests and  also  for  the  accommodation  and  entertainment  of 
such  persons;  (i)  all  expenses  incurred  by  or  under  the  au- 
thority of  the  chairman  of  the  State  Central  Committee  of 
any  political  party  in  providing  accommodation  and  enter- 
tainment for  the  members  of  the  State  Central  Committee  or 
for  the  transportation  of  such  members,  when  assembling  for 
any  meeting  of  said  committee  or  visiting  the  headquarters 
of  said  committee  in  connection  with  party  matters  or  inter- 
ests. No  treasurer  or  political  agent  shall  incur  any  expense 
or  liability  or  make  any  payment  for  any  purpose  not  author- 
ized by  this  section,  and  every  liability  incurred  and  payment 
made  shall  be  at  a  rate  which  is  proper  and  reasonable  and 
fairly  commensurate  with  the  service  rendered.  It  shall  not 
be  lawful  for  any  treasurer  or  any  political  agent,  to  expend 
any  money  for  printing  or  publication  of  any  political  uiatter 
whatsoever,  which  shall  not  purport  on  its  face  to  be  prnnted 
or  published  by  the  authority  of  said  treasurer  or  political 
agent,  and  which,  if  published  in  any  newspaper  or  other  peri 
odical  ,shall  not  be  marked  as  an  advertisement.  The  treas- 
urer appointed  and  acting  for  or  in  connection  with  the  !  -state 
Central  Committee  of  the  State  of  any  political  party  shall 


OF  THE  STATE  OF  MARYLAND.  !)."> 

riot|  expend  or  disburse  any  money  or  valuable  thing,  or  in- 
<-m.*  any  liability  whatsoever,  except  by  the  authority  and  sub- 
ject to  the  direction  of  the  chairman  of  the  State  Central 
«  'oiumittee  of  the  State  for  or  in  connection  with  which  said 
treasurer  may  be  appointed  or  acting.  Every  person  expend- 
ing money  in  violation  of  this  section  or  of  Sections  166  and 
167  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thcq-eof  shall  be  fined  not  less  than  three  hundred  dollars  nor 
more  than  one  thousand  dollars,  or  imprisoned  for  not  more 
thfiu  two  years,  or  both  fined  and  imprisoned  in  the  discretion 
of  1he  Court. 

CHAPTER  228,  ACTS  OF  1912. 

169.  Within  twenty  days  after  every  election,  or  primary 
election,  every  treasurer  and  every  political  agent  shall  file  a 
full,  true  and  detailed  account  and  statement,  subscribed  and 
sworn  to  by  him  before  an  officer  authorized  to  administer 
oatfcs  in  the  office  of  the  clerk  of  the  Circuit  Court  of  the 
••mrnty  in  which  such  treasurer  or  political  agent  resides,  or 
in  tjie  office  of  the  clerk  of  the  Circuit  Court  of  Baltimore 
•ity,  if  such  treasurer  or  political  agent  resides  in  said  city, 
whifh  statement  shall  include  the  amount  of  money  or  prop- 
erty in  each  case  received  or  promised,  the  name  of  the  per- 
son from  whom  it  was  received,  or  by  whom  it  was  promised, 
the  amount  of  every  expenditure  made  or  promised,  or  valu- 
able! thing  given  or  promised,  or  liability  of  any  sort  incurred, 


the 


itame  of  the  person  to  whom  such  expenditure,  gift  or 


premise  thereof  was  made,  or  to  whom  such  liability  was  in- 
currbd,  and  shall  clearly  state  the  purpose  for  which  such 
mon^y  or  property  was  so  expended,  given  or  promised,  or 
for 


and 


such  liability  was  incurred,  separating  expendi- 
gifts  and  liabilities  for  elections  and  primary  elections, 
statement  shall  also  set  fortth  in  detail  all  unpaid  debts 
bligations,  if  any,  of  such  treasurer  or  political  agent. 


with  the  nature  and  amount  of  each,  for  what  purpose  incur- 
red anid  to  whom  owing,  and  if  there  are  no  unpaid  debts  or 
obligations  of  such  treasurer  or  political  agent,  such  statement 
shall  jBtate  such  fact.  Every  treasurer  and  every  political 
agenti  and  every  person  who  shall  at  any  time  act  as  treasurer 
or  political  agent,  shall  keep  detailed,  full  and  accurate  ac- 
counts in  a  proper  book  or  books,  to  be  called  "Account 
BooksL"  to  be  provided  a.nd  preserved  by  him,  of  all  money  or 
valuable  things  received  by  or  promised  to,  and  of  all  expen- 
diture^, disbursements  and  promises  of  payment  or  disburse- 
ments wf  money  or  valuable  things  made  by  any  political  com- 
mittee! or  any  of  its  officers  or  members,  or  by  any  person  act- 
ing unkler  its  authority,  or  on  its  behalf,  or  by  such  treasurer 
or  political  agent,  and  setting  forth  in  such  statement  and  ac- 
counts Ithe  sum  or  valuable  things  so  received,  or  disbursed, 


96  REGISTRATION  AND  ELECTION  LAWS 

or  promised,  as  the  case  may  be,  and  the  date  when,  the  jjner- 
son  from  whom  received  or  promised,  or  to  whom  paid  or 
promised,  as  the  case  may  be,  and  the  object  and  purposes  for 
which  such  sum,  or  other  valuable  thing,  was  received,  or  dis- 
bursed, or  promised,  as  the  case  may  be.  Every  treasurer  nnd 
every  political  agent,  as  defined  by  this  Act,  who  shall  fail  or 
refuse  to  make  out,  verify  and  file  with  the  clerk  of  the  Cir- 
cuit Court  the  statement  required  by  this  section  of  this  Ar- 
ticle, or  who  shall  fail  to  provide,  keep  and  preserve  the  book 
or  books  of  account  and  the  entries  and  statements  therein  as 
aforesaid,  or  any  of  them,  shall  be  guilty  of  a  misdemeauior, 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  three 
hundred  dollars  nor  more  than  one  thousand  dollars  or  im- 
prisoned in  jail  for  not  less  than  thirty  days  nor  more  tlian 
one  year,  in  the  discretion  of  the  Court.  The  provisions  of 
this  section,  including  the  provisions  with  respect  to  the  fciine 
of  filing  said  reports,  shall  be  mandatory  and  not  directory 
and  must  be  strictly  performed  as  above  described.  Any 
money  or  other  thing  of  value  received  from  any  unknown 
person  or  source  by  any  treasurer  or  any  political  agent,  or 
other  person  or  committee  authorized  to  incur  obligations  or 
to  pay  or  defray  obligations  or  expenses  under  the  provisions 
of  this  sub-title,  shall  not  be  used  for  any  political  purpose 
whatsoever,  but  shall  be  paid  by  the  treasurer,  political  ajeent 
or  other  person  or  committee  so  receiving  the  same,  to  the 
treasurer  of  the  State  of  Maryland  and  by  him  credited  to  the 
fund  for  the  construction  or  maintenance  of  State  roads. 

CHAPTER  228,  ACTS  OF  1912. 

170.  Every  candidate  for  public  office,  including  candi- 
dates for  the  office  of  Senator  of  the  United  States,  shall  jtrith- 
in  thirty  days  after  the  holding  of  the  primary  election.!  held 
to  nominate  for  such  office,  make  out  and  file  in  the  office  of 
the  clerk  of  the  Circuit  Court  of  the  county  in  which  sucli  can- 
didate resides,  or  with  the  clerk  of  the  Circuit  Court  ol  Bal- 
timore city,  if  such  candidate  resides  in  said  city,  the  state- 
ment hereinafter  provided. 

Every  candidate  for  public  office,  including  candidates  for 


the  office  of  Senate  of  the  United  States,  shall  within 
days  after  the  holding  of  the  election  to  fill  such  office, 


hirty 
make 


out  and  file  in  the  office  of  the  clerk  of  the  Circuit  Co»rt  of 
the  county  in  which  such  candidate  resides,  or  with  th<*  clerk 
of  the  Circuit  Court  for  Baltimore  City,  if  such  candidate  re- 
sides in  said  city,  the  statement  hereinafter  provided. 

It  is  hereby  made  the  duty  of  the  Supervisors  of  Elections 
within  three  davs  after  certification  to  them  of  any  nimina- 


e  Cir- 
Court 
of  Baltimore  City,  as  the  case  may  be,  the  names  diid  ad- 


tion  for  any  office  or  place,  to  certify  to  the  clerk  of  t 
cuit  Court  of  their  county  or  the  clerk  of  the  Circuit 


OF  THE  STATE  OP  MARYLAND.  97 

dresses  of  all  candidates,  including;  delegates  to  conventions 
nominated  for  offices  or  places  within  their  respective  coun- 
ties, or  the  city  of  Baltimore,  as  the  case  may  be,  together  with 
the  name  of  the  office  or  place  for  which  each  is  nominated. 

The  said  clerk  of  the  Circuit  Court  shall,  thereupon,  fur- 
nish to  each  person  nominated  a  blank  form  upon  which  to 
make  the  statement  required  by  this  section. 

The  said  above  required  statement  shall  be  a  full,  true  and 
itemized  statement  in  writing,  which  statement  shall  be  sub- 
scribed and  sworn  to  by  such  candidate  before  an  offiecer  au- 
thorized to  administer  oaths,  setting  forth  in  detail  all  moneys 
or  other  valuable  thing  or  things  contributed,  expended  or 
promised  by  him  to  aid  and  promote,  or  in  any  way  in  con- 
nection with  his  nomination  or  election,  or  both,  as  the  case 
may  be,  or  for  other  political  purp.jses  in  connection  with  the 
election  of  any  other  person  at  said  election,  arid  all  existing 
unfulfilled  promises  or  liabilities  in  that  connection  remain- 
in  uncancelled  and  in  force  at  the  time  such  statement  is 
made,  whether  such  expenditures,  promises  or  liabilities  were 
made  or  incurred  before,  during  or  after  such  election,  and 
showing  the  dates  when  the  person  to  whom  and  the  purposes 
for  which  each  and  all  of  said  sums  or  valuable  things  were 
paid,  expended  or  promised,  or  said  liabilities  incurred.  Such 
statement  shall  also  set  forth  that  the  same  is  as  full  and  ex- 
plicit as  the  affiant  is  able  to  make  it. 

No  person  shall  be  deemed  elected  to  any  elective  office  un- 
der the  laws  of  this  State,  or  enter  upon  the  duties  thereof  or 
receive  any  salary  or  emoluments  therefrom  until  he  shall 
have  filed  the  statement  provided  for  in  this  section  of  this 
Article;  and  no  officer  authorized  by  the  laws  of  this  State  to 
issue  commissions  or  certificates  of  election  shall  issue  a  com- 
mission or  certificate  of  election  to  any  person  claiming  to  be 
elected  to  any  office,  until  such  statement  as  aforesaid  shall 
have  been  made,  verified  and  filed  by  such  person  with  such- 
officer. 

Any  person  violating  or  failing  to  comply  with  any  of  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  three 
hundred  dollars  nor  more  than  two  thousand  dollars,  or  im- 
prisoned for  not  more  than  two  years,  or  both  fined  and  im- 
prisoned, in  the  discretion  of  the  Court. 

Ten  days  after  the  period  above  ascertained  for  the  filing 
of  said  original  statement  shall  have  expired  the  officer  with 
whom  the  same  is  by  this  section  required  to  be  filed  shall  no- 
tify the  proper  prosecuting  officer  of  his  county  or  Baltimore 
city,  as  the  case  may  be,  of  any  failure  to  file  such  statement 
on  the  part  of  any  candidate,  and  within  fifteen  days  there- 
after such  prosecuting  officer  shall  proceed  to  prosecute  for 
such  offense. 
4 


98  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  122,  ACTS  OF  1908. 

171.  An  willfully  false  statement  or  entry  made  by  any 
candidate  for  office,  treasurer,  political  agent  or  any  person 
acting  as  treasurer  or  political  agent,  or  by  any  member  or 
officer  of  any  political  committee,  in  any  statement  or  account 
under  oath  required  by  this  Act.  shall  constitute  a  crime  of 
perjury,  and  be  punished  as  such  according  to  the  laws  of  this 
State. 

CHAPTER  122,  ACTS  OF  1908. 

172.  Every  officer  with  whom  statements  or  accounts,  or 
duplicates  thereof  are  required  by  any  section  of  this  Article 
to  be  filed,  shall  receive  and  file  and  reserve  such  statements 
or  accounts,  or  duplicates  thereof,  in  his  office,  and  shall  keep 
the  same  as  part  of  the  records  thereof  for  at  least  three  years 
after  they  are  filed.     And  all  such  statements  and  accounts 
shall,  during  the  hours  for  which  the  office  in  which  they  may 
be  filed  is  open,  be  subject  and  open  to  the  inspection  of  any 
citizen  of  this  State,  and  copies  of  such  statements  or  accounts, 
certified  by  the  officer  in  whose  office  they  may  be  so  kept,  un- 
der the  seal  of  his  office,  shall  be  evidence  in  all  the  courts  to 
the  same  extent  as  the  original  thereof  would  be  if  produced 
and  proved. 

CHAPTER  122,  ACTS  OF  1908. 

173.  The  following  persons  shall  be  guilty  of  corrupt  prac- 
tices and  shall  be  punished  in  accordance  with  the  provisions 
of  this  Act.    Every  person  who  shall,  directly  or  indirectly,  by 
himself  or  by  another,  give  or  offer  or  promise  to  any  person 
any  money,  gift,  advantage,  preferment,  entertainment,  aid, 
emolument  or  any  valuable  tiling  whatever,  for  the  purpose 
of  inducing  or  procuring  any  person  to  vote,  or  refrain  from 
voting,     for    or    against     any     person,     or    for    or   against 
any    measure    or    proposition    at    any    election    or    primary 
election    or    political    convention    or    session    of    the    Gen- 
eral    Assembly     of    Maryland,     or     either     House     thereof, 
Every    person    who    shall    directly    or    indirectly    receive, 
accept,    request     or    solicit     from     any    person,     candidate, 
committee,     association,     organization     or     corporation,    any 
money,  gift,  advantage,  preferment,  aid,  emolument,  or  any 
valuable  thing  whatsoever,  for  the  purpose  of  inducing  or  pro- 
curing any  person  to  vote,  or  refrain  from  voting,  for  or 
against  any  person,  or  for  or  against  any  measure  or  proposi- 
tion at  any  election  or  primary  election  or  political  conven- 
tion.   Every  person  who,  in  consideration  of  any  money,  gift, 
advantage,  preferment,  aid,  emolument,  or  any  valuable  thing 
whatsoever,  paid,  received,  accepted  or  promised  to  the  ad- 
vantage of  himself  or  any  other  person,  shall  vote,  or  refrain 
from  voting  for  or  against  any  person,  or  for  or  against  any 


OP  THE  STATE  OF  MARYLAND.  99 

measure  at  any  such  election,  caucus  or  primary  election  or 
political  convention.  Every  person  who  shall,  directly  or  in- 
directly, pay,  give,  contribute  or  promise  any  money  or  other 
valuable  thing,  to  defray  or  towards  defraying  the  costs  or  ex- 
penses of  any  campaign  or  election,  to  any  person,  committee, 
company,  club,  organization  or  association  other  than  to  a 
treasurer  or  a  political  agent ;  but  this  sub-section  or  para- 
graph shall  not  apply  to  dues  regularly  paid  for  membership 
in  any  incorporated  political  club  if  all  moneys  expended  by 
such  club  for  or  in  connection  with  the  costs  or  expenses  of 
any  campaign  or  election  shall  be  paid  out  by  it  only  through 
a  treasurer  or  political  agent  as  provided  in  this  Act,  or  to  any 
expenses  for  postage,  telegrams,  telephoning,  stationery, 
printing,  expressage  or  traveling  and  board  incurred  by  any 
candidate  for  office  or  for  nomination  thereto,  so  far  as  they 
are  permitted  by  this  Act.  Every  person  who  shall,  directly 
or  indirectly,  by  himself  or  through  another  person,  make  a 
payment,  or  promise  of  payment,  to  a  treasurer  or  political 
agent  in  any  other  name  than  his  own,  and  every  treasurer 
or  political  agent  who  shall  knowingly  receive  a  payment,  or 
promise  of  payment,  and  enter  the  same  or  cause  the  same  to 
be  entered  in  his  accounts  in  any  other  name  than  that  of  the 
person  by  whom  such  payment  or  promise  of  payment 
is  made.  Every  person  who  being  an  employer,  pays 
his  employees  the  salary  or  wages  due  in  "pay  envel- 
lopes,"  upon  which  there  is  written  or  printed  or  in 
which  there  is  enclosed  any  political  motto,  device  or 
argument  containing  threats,  express  or  implied,  intended  or 
calculated  to  influence  the  political  opinions  or  actions  of  such 
employes,  or  within  ninety  days  of  an  election  or  primary 
elections,  puts,  or  otherwise  exhibits  in  the  establishment  or 
place  where  his  employees  are  engaged  in  labor,  any  hand-bill 
or  placard  containing  any  threat,  notice  or  information  that 
if  any  particular  ticket  or  candidate  is  elected  or  defeated, 
work  in  his  place,  or  establishment,  will  cease,  in  whole  or  in 
part,  his  establishment  be  closed  up,  or  wages  of  his  employees 
reduced,  or  other  threats,  express  or  implied,  intended  or  cal- 
culated to  influence  the  political  opinions  or  actions  of  his  em- 
ployees. Every  person  who  before,  during,  or  after  an  elec- 
tion or  primary  election  by  himself,  or  by  any  other  person, 
either  directly  or  indirectly,  gives  or  provides,  or  pays,  wholly 
or  in  part,  the  expenses  of  giving  or  providing  any  meat, 
drink,  entertainment  or  provisions  to  or  for  any  person  for 
the  purpose  of  influencing  that  person,  or  any  other  person,  to 
give  or  refrain  from  giving  his  vote  at  the  election,  or  primary 
election,  or  to  influence  his  vote  in  any  other  way  therein,  or 
on  account  of  his  having  voted,  or  refrained  from  voting,  or 
being  about  to  vote  or  refrain  from  voting ;  and  every  elector 
who  accepts  the  same,  or  any  of  the  same,  for  any  of  the  pur- 
poses aforesaid.  Every  person  who  shall  be  guilty  of  any  eor- 


100  REGISTRATION  AND  ELECTION  LAWS 

rupt  practice  as  aforesaid,  shall  be  fined  not  less  than  three 
hundred  dollars,  nor  more  than  one  thousand  dollars,  or  be 
imprisoned  for  not  more  than  one  year,  or  both,  and  shall  be 
ineligible  to  any  public  office,  or  public  employment,  for  the 
period  of  four  years  from  and  after  the  time  of  the  commis- 
sion of  such  offense. 

CHAPTER  122,  ACTS  OF  1908. 

174.  It  shall  be  unlawful  and  shall  be  deemed  a  corrupt 
practice  for  any  corporation,  incorporated  under  the  laws  of 
Maryland  or  of  any  State  or  Territory  of  the  United  States, 
or  the  District  of  Columbia,  or  of  the  United  States,  or  of  any 
other  country,  directly  or  indirectly,  by  itself,  or  through  any 
officer,   agent   or   employee,   representative,   or   other  person 
whatsoever,  to  give,  contribute,  furnish,  lend  or  promise  any 
money,  property,  transportation,  means  or  aid  to  any  political 
party,  or  any  candidate  for  public  office,  or  for  nomination 
thereto,  or  to  any  political  organization,  or  to  any  political 
committee,  or  to  any  treasurer  or  political  agent,  as  herein  de- 
fined, either  directly  or  indirectly,  to  aid,  promote  or  influ- 
ence the  success  or  defeat  of  any  political  party  or  principle, 
or  of  any  measure  or  proposition  submitted  to  a  vote  at  a  pub- 
lic election  or  primary  election  in  this  State,  or  to  aid,  pro- 
mote or  influence,  in  any  manner  the  election  or  defeat  of  a 
candidate  therein,  or  to  be  used,  applied  or  expended  in  any 
way  whatever  for  political  purposes.     The  president,  the  sev- 
eral  directors,   and   every   other  officer  of  any   corporation, 
which  shall  violate  any  of  the  provisions  of  this  section,  and 
the  president  or  director,  or  other  officer,  or  agent  of  any  cor- 
poration, who  shall  personally  violate  any  of  the  provisions  of 
this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  of  not  more  than  five  thousand  dol- 
lars for  each  offense,  and  imprisonment  for  not  more  than 
three  years  in  jail  or  penitentiary. 

CHAPTER  228,  ACTS  OF  1912. 

175.  At  any  time  within  thirty  clays  after  any  election  or 
primary  election  "held  under  the  laws  of  this  State,  any  de- 
feated candidate  at  such  election,  or  any  ten  duly  qualified 
voters  at  such  election,  may  present  to  the  Circuit  Court  of 
any  county,  or  to  the  Superior  Court  of  Baltimore  City,  a  pe- 
tition setting  forth  under  oath  that  corrupt  practices,  con- 
trary to  the  provisions  of  any  section  of  this  Article,  were 
eommitteed   at  or  preliminary  to   such   election,   within  the 
county  or  city  aforesaid,  naming  the  successful  candidate  or 
candidates  as  defendants,  and  praying  that  the  facts  alleged 
may  be  inquired  into.    The  Court,  upon  said  petition  and  the, 
affidavit  or  affidavits  filed  therewith,  shall  promptly  order 


OF  THE  STATE  OF  MARYLAND.  101 

such  reasonable  notice  of  such  petition  to  be  given  the  defend- 
ant or  defendants,  and  require  him  or  them  within  as  short  a 
time  as  may  be  reasonable,  to  answer,  show  cause  or  otherwise 
defend  as  the  Court  may  deem  just  and  reasonable,  upon  the 
petitioners  giving  security  for  costs  in  such  sum  of  money  as 
the  Court  shall  deem  reasonable.  Such  petition  shall  be  tried 
without  a  jury,  unless  any  of  the  parties  thereto  shall  elect 
to  have  the  same  tried  by  a  jury.  The  case  shall  be  tried  not 
later  than  fifteen  days  after  such  petition  has  been  filed  and 
within  such  period  if  possible,  and  shall  be  given  priority  over 
other  court  business,  and  when  a  jury  trial  is  demanded  by 
any  of  the  parties  to  such  petition,  the  jury  for  said  term 
shall  try  it ;  and  if  the  jury  for  said  term  shall  have  been  dis- 
missed, the  Court  shall  recall  said  jury  for  the  purpose  of  try- 
ing said  case.  If  such  case  arises  during  any  no u- jury  term  of 
any  of  said  courts,  the  Court  shall  recall  and  reassemble  the 
jury  which  served  during  the  last  preceding  jury  term  of  said 
court,  for  the  purpose  of  trying  said  case,  and  such  jury  so 
called  and  reassembled  shall  have  the  power  to  try  said  ease 
as  fully  as  if  the  same  had  arisen  during  the  term  for  which 
they  shall  have  previously  served.  In  every  case  in  which  a 
jury  trial  shall  be  demanded,  the  judge  shall  frame  and  sub- 
mit to  the  jury  for  its  decision  and  verdict  all  appropriate 
and  necessary  issues  of  fact  presented  by  the  pleadings  in 
such  case  or  by  the  scope  of  the  inquiry  or  inquiries  presented 
by  said  case.  The  Court  shall  bring  said  cause  to  determina- 
tion and  judgment  as  speedily  as  a  just  regard  for  the  rights 
of  the  parties  concerned  may  permit  and  shall  expeditiously 
inquire  into,  or,  when  a  jury  is  demanded,  cause  the  jury  to 
inquire  into  all  the  facts  and  circumstances  and  into  such  vio- 
lations of  or  failure  to  comply  with  the  provisions  of  this  Ar- 
ticle, as  may  be  alleged  in  any  such  petition,  or  into  such  other 
facts  and  circumstances  relative  to  any  election  or  to  any  con- 
tribution, expenditure  or  liability  made,  or  any  corrupt  prac- 
tice committed  in  connection  therewith,  which  at  any  time  the 
Court  holding  such  inquest  or  presiding  in  said  cause  shall 
deem  necessary  to  secure  compliance  with  the  provisions  of 
this  Act,  or  to  punish  for  a  violation  thereof.  All  persons 
whom  the  Court  shall  deem  proper  or  necesary  to  join  or 
bring  in  as  parties  to  any  such  proceeding  in  order  to  make  its 
order,  judgments  or  writs  effective,  may  be  joined  as  parties 
in  such  manner  and  upon  such  notice  as  the  Court  may  direct. 
In  case  such  petition  relates  to  the  election  of  electors  of  Pres- 
ident and  Vice-President  of  the  United  States,  a  Senator  of 
the  United  States,  a  Representative  in  Congress,  or  the  Gov- 
ernor, or  Attorney-General,  or  a  Senator  or  Delegate  to  the 
General  Assembly  of  Maryland,  or  a  Judge  or  a  clerk  of  a 
court  of  law,  or  a  Register  of  Wills,  or  a  State 's  Attorney,  the 
trial  Judge  or  Judges  shall  have  no  power  to  declare  any  such 
election  to  be  void,  but  shall  file  his  or  their  finding,  or,  in 


102  •     REGISTRATION  AND  ELECTION 

a  case  where  a  jury  shall  have  been  demanded,  the  finding  or 
verdict  of  such  jury,  as  to  whether  or  not  the  successful  can- 
didate, or  any  political  committee  or  treasurer,  or  sub-treas- 
urer, or  political  agent  acting  for  or  on  behalf  of  such  candi- 
date, was  so  guilty  of  corrupt  practices,  with  the  Secretary  of 
State,  together  with  the  transcript  of  the  evidence,  and  the 
Secretary  of  State  shall  thereupon  submit  the  same  to  the 
Governor  of  Maryland,  when  the  election  is  for  .electors  of 
President  or  Vice-President  of  the  United  States,  or  for  At- 
torney-General of  the  State;  or  when  the  election  is  for  a 
Representative  or  Representatives  in  Congress,  shall  submit 
the  same,  certified  under  the  seal  of  the  State,  to  the  Speaker 
of  the  House  of  Representatives ;  or  when  the  election  is  for 
Senator  of  the  United  States,  or  for  a  member  of  the  State 
Senate,  shall  submit  the  same  to  the  President  of  the  Senate 
of  Maryland;  or  when  the  election  is  for  Governor  or  Dele- 
gate to  the  House  of  Delegates  of  the  General  Assembly  of 
Maryland,  or  a  Judge,  or  a  clerk  of  a  court  of  law,  or  a  Regis- 
ter of  Wills,  to  the  Speaker  of  the  House  of  Delegates  of 
Maryland;  or  when  the"  election  is  for  a  State's  Attorney,  to 
the  Judges  having  criminal  jurisdiction  of  the  county  and 
city  wherein  he  shall  be  elected.    In  case  such  petition  relates 
to  any  other  office  than  those  above  referred  to,  the  trial  Judge 
or  Judges  shall  file  immediately  with  the  Governor  his  or 
their  decision  or  the  finding  or  verdict  of  the  jury  in  cases 
where  there  has  been  a  jury  trial,  as  to  whether  or  not  the  suc- 
cessful candidate,  or  a  political  committee  or  treasurer  or  po- 
litical agent,  acting  for  or  in  his  behalf,  was  so  guilty  of  cor- 
rupt practices  and  said  trial  Judge  or  Judges  shall  also  file 
with  the  Governor  his  or  their  decision,  and  as  to  whether  or 
not  upon  the  findings  in  such  case,  such  election  was  void  as 
hereinafter  provided.     If  the  said  case  shall  be  heard  and 
tried  by  two  Judges,  and  they  shall  differ  as  to  whether  any 
such  candidate  in  person,  or  in  the  person  of  his  political 
agent,  was  so  guilty  of  corrupt  practices,  or  whether  any  such 
election  was  so  void,  they  shall  so  certify  to  the  Secretary  of 
State,  or  to  the  Governor,  as  the  case  may  be,  and  they  shall 
also  file  a  transcript  of  the  evidence  with  such  certificate.    In 
case  the  decision  or  finding  so  to  be  filed  with  the  Governor 
shall  be  that  any  successful  candidate  so  petitioned  against 
was  in  person  or  in  the  person  of  a  treasurer  or  sub-treasurer 
or  his  political  agent,  or  through  any  political  committee  act- 
ing for  or  in  his  behalf,  so  guilty  of  corrupt  practices,  such 
election  shall  be  void,  except  as  hereinafter  provided,  and  in 
case  of  such  void  election  the  Governor  shall,  within  five  days 
.after  the  receipt  of  such  decision,  issue  his  proclamation  de- 
claring such  election  void,  and  the  vacancy  in  the  office  to 
have  been  filled  by  said  election  shall  be  filled  in  the  same 
manner  as  would  be  required  by  law  in  case  said  vacancy  had 
arisen  from  the  death  of  the  successful  candidate  after  his 


OF  THK  STATK  OF  MARYLAND.  10:3 

flection.  If  any  candidate  shall  have  been  so  found  or  de- 
cided to  have  been  so  guilty  in  person  of  corrupt  practices,  he 
shall  be  ineligible  to  election  or  appointment  to  any  public  of- 
fice or  employment  for  the  period  of  four  years  from  the  date 
of  said  election ;  but  the  mere  finding  or  decision  that  his  po- 
litical agent  was  so  guilty,  shall  not  render  him  ineligible  to 
office ;  but  where  the  Judge  or  Judges  shall  decide  or  certify 
upon  his  or  their  jury's  finding  in  any  case  that  any  such 
successful  candidate  was  guilty  of  corrupt  practices  only  in 
the  person  of  his  agent,  and  that  (a)  no  corrupt  practice  was 
committed  by  the  candidate  personally  and  the  offense  was 
committed  contrary  to  his  order  and  without  his  sanction  or 
connivance;  (6)  the  offense  was  of  a  trivial,  unimportant  and 
limited  character;  (c)  in  all  other  respects  such  election  was 
free  from  corrupt  practice  on  the  part  of  such  candidate  and 
of  his  political  agent,  then  the  election  of  such  candidate  shall 
not  be  void,  nor  shall  the  candidate  be  subject  to  any  ineligi- 
nility  therefor. 

CHAPTER,  122,  ACTS  OF  1908. 

176.  The  courts  in  which  such  petitions  shall  be  filed  shall 
have  authority  to  tax  the  costs  as  in  equity  cases,  and  also  to 
subpoena  witnesses  and  require  them  to  testify  as  in  other 
civil  cases,  and  to  compel  by  subpoena  duces  tecum  the  produc- 
tion for  examination  of  any  books  or  papers  of  any  kind,  or 
any  other  thing  which  may  be  required  or  desirable  in  the 
conduct  of  such  inquiry.     If  any  proceeding  held  under  the 
provisions  of  this  or  the  preceding  section,  no  witness  shall  be 
excused  from  answering  any  question  or  producing  any  book, 
paper  or  other  thing  on  the  ground  or  claim  that  his  answer 
or  the  thing  produced,  or  to  be  produced  by  him,  may  tend 
to  incriminate  or  degrade  him,  or  render  him  liable  to  a  pen- 
alty, but  his  answer,  or  the  thing  produced  by  him  shall  not  be 
used  in  any  proceeding  against  him.  except  in  a  prosecution 
for  perjury  in  so  testifying. 

CHAPTER  122,  ACTS  OF  1908. 

177.  It  shall  be  the  duty  of  the  State's  Attorney  of  Balti- 
more city  to  prosecute,  by  the  regular  course  of  criminal  pro- 
cedure, any  person  whom  he  may  believe  to  be  guilty  of  hav- 
ing violated  any  of  the  provisions  of  this  Act  within  the  said 
city,  or  any  residents  of  said  city,  who  may  have  violated  any 
provisions  of  this  Act  within  said  city  or  in  any  other  part  of 
the  State.    And  it  shall  be  the  duty  of  the  State's  Attorney  of 
each  county  of  this  State  to  prosecute,  by  the  regular  course  of 
criminal  procedure,  any  person  whom  he  may  believe  to  be 
guilty  of  having  violated  any  of  the  provisions  of  this  Act 
within  the  county  for  which  said  State's  Attorney  may  be  act- 


104  REGISTRATION  AND  ELECTION  LAWS 

ing  as  such,  or  any  resident  of  such  county  who  may  have 
violated  any  provisions  of  this  Act  in  such  county  or  in  any 
other  part  of  the  State.  And  in  any  criminal  prosecution  un- 
der this  Act  or  for  violation  of  any  of  the  provisions  thereof, 
no  witness,  except  the  person  who  is  accused  and  on  trial,  shall 
be  excused  from  answering  any  question  or  producing  any 
hook,  paper  or  other  thing  on  the  ground  or  claim  that  his  an- 
swer, or  the  tiling  produced  or  to  be  produced,  by  him  may 
tend  to  incriminate  or  degrade  him,  to  render  him  liable  to  a 
penalty,  but  his  answer,  or  the  thing  produced  by  him,  shall 
not  be  used  in  any  proceeding  against  him,  except  in  a  prose- 
cution for  perjury  in  so  testifying. 


OF  THE  STATE  OF  MARYLAND.  105 


PRIMARY  ELECTION  LAW. 


CHAPTER  163  AND  475,  ACTS  OF  1914. 

Sec.  178.  Political  parties  which  at  the  General  Elections 
held  on  November  2,  1909,  in  the  State  of  Maryland,  or  which 
at  any  future  general  election  next  preceding  any  primary 
election  to  be  held  hereunder,  as  shall  have  polled  ten  per 
cent  of  the  entire  vote  cast  in  the  State  at  such  or  any 
such  general  election,  shall  hereafter  nominate  all  their  candi- 
dates for  public  office  in  and  for  Baltimore  city,  and  the  sev- 
eral counties  of  the  State  and  forvjudges  and  for  the  House 
of  Representatives  of  the  Federal  Congress,  and  shall  elect  all 
delegates  to  county,  legislative  district.  Congressional,  City 
and  State  Conventions,  and  all  members  of  managing  bodies 
in  said  political  parties  in  and  for  Baltimore  city  and  the  sev- 
eral counties  of  the  State,  and  all  precinct,  ward,  city  and 
county  executives  or  executive  committees,  whenever  the  po- 
litical party  usage  provides  for  such  executive  committees  or 
any  of  the  same,  by  means  of  primary  elections  conducted 
under  arid  in  accordance  with  the  provisions  of  this  Act,  and 
not  otherwise,  except  as  herein  specifically  provided,  and  the 
several  Boards  of  Supervisors  of  Elections  shall  not  print  on 
the  official  ballot  to  be  voted  at  any  general  or  special  election 
to  be  hereafter  held  the  name  or  names  of  any  such  candidate 
or  candidates  for  election  in  Baltimore  city  or  any  of  the  coun- 
ties of  the  State  of  any  of  said  parties  who  shall  not  be  so 
nominated  and  whose  nomination  shall  not  be  certified  to  them 
or  to  the  Secretary  of  State  as  having  been  so  nominated. 

.Provided,  that  the  provisions  of  this  sub-title  requiring  the 
nomination  of  candidates  by  direct  vote  shall  not  apply  to  the 
nomination  of  such  candidates  for  county  offices,  State  Senate 
and  members  of  the  House  of  Delegates  in  the  counties  of 
Howard,  Washington  and  Worcester,  except  as  hereinafter 
provided ;  but  such  candidates  shall  be  selected  by  county  con- 
vention, delegates  to  which  shall  be  selected  in  all  respects  as 
provided  for  in  this  sub-title,  and  the  nomination  of  such  can- 
didates by  such  convention  shall  be  duly  certified  by  the 
Chairman  and  Secretary  of  such  convention  to  the  Board  of 
Election  Supervisors  of  said  county ;  and  it  shall  be  the  duty 
of  said  supervisors  to  place  the  name  of  such  candidates  upon 
the  official  ballots  in  the  manner  prescribed  by  the  General 
Election  Laws  of  this  State. 


106  REGISTRATION  AND  ELECTION  LAWS 

Provided  further,  that  at  the  primary  election  held  in  the 
year  1915  in  and'  for  Howard  county  the  official  ballots  oi' 
the  respective  political  parties  participating  therein,  shall 
contain  a  square,  properly  designated,  in  which  the  voters  of 
such  parties  may  by  a  cross-mark  in  such  square,  indicate 
their  preference  for  or  against  direct  primaries  for  the  nomi- 
nation of  candidates  for  State  Senator,  members  of  the  House 
of  Delegates  and  county  officers  in  and  for  Howard  county, 
and  provided  further,  that  if  a  majority  of  the  votes  cast  by 
the  respective  political  parties  participating  shall  indicate  a 
preference  for  direct  primaries,  then  and  in  that  event  How- 
ard county  shall  ever  thereafter  be  removed  from  the  class  of 
excepted  counties  in  this  section  specifically  mentioned. 

All  such  candidates  for  such  office,  and  all  such  delegates, 
managing  bodies,  executives  and  executive  committees  shall 
be  nominated,  selected  and  chosen  by  the  direct  vote  of  the 
duly  registered  voters  belonging  to  or  acting  with  such  par- 
ties, respectively,  in  every  precinct,  ward,  Councilmanic, 
Legislative,  Congressional,  Judicial  or  other  election  districts 
in  Baltimore  city,  and  also  in  the  several  counties  of  the  State 
of  Maryland,  respectively,  and  in  each  and  every  election  pre- 
cinct and  election  district  of  each  of  said  counties  of  the  State 
'  of  Maryland,  respectively,  it  being  the  intent  and  purpose  of 
this  Act  that  all  such  candidates  for  public  office,  all  dele- 
gates to  party  conventions,  and  all  managing  bodies,  execu- 
tives or  executive  committees  of  any  such  political  party, 
whenever  the  political  party  usage  provides  for  such  execu- 
tives or  executive  committees,  shall  be  nominated  by  the  direct 
vote  of  the  duly  registered  voters,  belonging  to  and  acting 
with  such-  parties,  respectively,  in  Baltimore  city,  or  any  pre- 
cinct, ward,  Councilmanic,  Congressional,  Judicial  or  Legis- 
lative district  thereof,  or  in  any  county,  district  or  precinct 
thereof  or  in  any  Congressional  or  Judicial  district,  as  the 
case,  with  respect  to  any  public  office  or  place  or  position 
aforesaid,  may  be ;  and  that  no  candidate  for  such  public  of- 
fice, delegates  to  such  conventions,  party  executive  or  execu- 
tive committee,  or  managing  body  qf  any  such  political  party 
as  aforesaid,  in  and  for  Baltimore  city  or  the  several  coun- 
ties of  the  State,  shall  be  chosen  or  elected  by  any  such  poli- 
tical convention  or  otherwise  than  by  the  duly  registered 
voters  belonging  to  or  acting  with  said  political  parties  as 
aforesaid,  except  as  hereinafter  otherwise  provided. 

It  shall  be  lawful  for  all  such  parties  aforesaid,  to  elect  and 
hold  such  party  conventions  which  shall  have  full  power  and 
authority,  in  all  respects,  whatsoever,  to  act  in  respect  to  all 
matters  appertaining  to  the  organization,  maintenance,  con- 
duct, affairs  and  interests  of  the  party,  in  Baltimore  city  or 
in  any  county  of  the  State,  saving  and  excepting  only  the 
choice,  selection,  nomination  or  appointment  of  party  candi- 
dates for  such  public  office,  delegates  to  such  conventions  or 


OF  THE  STATE  OF  MARYLAND.  107 

party  executives  or  managing  bodies  or  executive  eommitt«-.'>, 
of  any  sort  whatever,  in  and  for  Baltimore  city,  and  the  sev- 
eral counties  and  Congressional  and  Judicial  districts  of  the 
State. 

Provided,  that  the  candidates  of  such  political  parties  for 
Oovernor,  Attorney-General,  Comptroller  and  Clerk  of  the 
Court  of  Appeals  of  the  State  and  United  States  Senator, 
shall  be  nominated  in  the  manner  prescribed  in  this  Article 
by  State  conventions,  and  such  State  conventions  elected  by 
the  direct  vote  in  the  same  manner  as  the  State  conventions 
for  the  nomination  of  candidates  for  State  offices,  shall  also 
elect  as  hereinafter  set  forth,  delegates  to  National  conven- 
tions and  Presidential  electors  and  the  governing  bodies  of 
such  political  parties  for  the  State,  but  shall  have  no  power 
to  select  or  appoint  committee  or  governing  bodies  of  any 
character  for  Baltimore  city  nor  for  any  division  thereof  nor 
for  the  counties  of  the  State. 

Any  person  who  may  be  a  candidate  for  the  nomination  of 
any  party  subject  to  the  provisions  of  this  sub-title  for  the  of- 
fice of  President  of  the  United  States  and  who  may  desire  to 
obtain  the  vote  of  the  delegates  from  Maryland  of  any  such 
party  in  its  National  convention  may  become  a  candidate  for 
such  nomination  in  primary  elections  to  be  held  in  accordance 
with  the  provisions  of  this  Act  in  the  several  counties  of  the 
State  and  the  several  legislative  districts  of  Baltimore  city 
and  shall  be  entitled  to  have  his  name  printed  upon  the  official 
primary  ballot  of  his  party  in  primary  elections  held  under 
and  in  accordance  with  this  sub-title  in  said  several  counties 
and  legislative  districts  as  a  candidate  for  such  nomination 
for  President  by  making  the  payment  required,  and  by  filing 
a  certificate  of  candidacy  specifying  the  party  to  which  he 
belongs  and  the  National  convention  whose  nomination  for 
president  he  seeks,  and  in  form  and  in  substance  like  the  cer- 
tificate of  candidacy  required  of  candidates  for  the  nomina- 
tion for  the  office  of  Governor  of  Maryland  by  Section  184  of 
this  Article,  except  that  such  payment  shall  be  made  and  such 
certificate  filed  by  said  candidate  or  candidates  for  said  office 
of  president  within  fifteen  days  before  the  date  of  the  primary 
election  for  delegates  to  the  State  Convention,  which  shall  se- 
lect and  instruct,  as  hereinafter  provided,  the  delegates  of 
each  party  to  the  National  convention;  and  the  Secretary  of 
State  immediately  on  receipt  of  such  certificate  and  payment 
shall  certify  the  fact  of  the  filing  of  each  certificate  and  the 
name  and  description  of  each  person  so  filing  such  certificate 
as  specified  therein  to  the  Supervisors  of  Elections  of  Balti- 
more city  and  of  every  county  in  the  State,  and  shall  also  ap- 
portion and  transmit  the  said  payment  to  each  of  said  Boards 
of  Supervisors  of  Elections  as  prescribed  in  Section  184,  with 
respect  to  the  sums  paid  by  candidates  for  the  nomination  for 
the  office  of  Governor  of  Maryland  and  said  Boards  of  Super- 


108  REGISTRATION  AND  ELECTION  LAWS 

visors  for  each  county  shall  pay  over  the  amounts  so  received 
to  the  County  Commissioners  of  each  county  respectively,  and 
the  Board  of  Supervisors  of  Baltimore  City  shall  pay  over  the 
amount  so  received  to  the  Mayor  and  City  Council  of  Balti- 
more, and  all  the  expenses  of  said  primary  election  for  candi- 
dates for  President  of  the  United  States  and  for  delegates 
from  the  several  counties  and  legislative  districts  of  Baltimore 
City  to  the  State  convention  of  each  political  party,  sub.je.-t 
to  this  sub-title  to  select  delegates  to  the  National  convention, 
respectively,  of  such  political  parties,  in  Baltimore  City,  shall 
he  paid  by  the  Mayor  and  City  Council  of  Baltimore,  and  all 
the  expenses  of  holding  said  primary  elections  in  each  county 
shall  be  paid  by  the  County  Commissioners  of  each  county, 
precisely  as  the  expenses  of  the  State,  city  and  county  »«W- 
tions  are  now  paid  under  existing  laws. 

And  it  shall  be  the  duty  of  the  Board  of  Supervisors  of 
Elections  in  each  county  and  of  Baltimore  city  to  cause  to  be 
printed  upon  the  official  primary  ballots  of  each  of  said  politi- 
cal parties  in  each  and  every  county  of  the  State,  and  in  each 
legislative  district  of  Baltimore  city,  at  the  annual  primary 
elections  in  each  year  in  which  a  President  of  the  United 
$ta.tes  is  to  be  elected,  the  names  of  the  candidates  for  Presi- 
dent certified  to  them  by  the  Secretary  of  State  as  above  pro- 
vided for,  in  manner  and  form  and  in  all  respects  similar  to 
the  way  in  which  the  names  of  candidates  for  the  nomination 
for  Governor  are  required  to  be  printed  upon  the  official  pri- 
mary ballots  by  provisions  of  Section  188  of  this  Article. 

The  qualifications  of  voters  in  such  Presidential  and  Yiee- 
Presidential  primaries  held  hereunder  of  the  several  political 
parties  subject  to  this  sub-title  shall  be  the  same  as  in  the  pri- 
mary elections  held  under  this  sub-title  for  the  nomination  of 
candidates  for  public  office  in  Maryland. 

The  names  of  such  candidates  for  the  nomination  for  Presi- 
dent of  the  United  States  of  said  several  political  parties  upon 
the  official  primary  ballots  shall  be  arranged  and  said  ballots 
shall  be  prepared  and  shall  be  marked  and  cast  by  the  voters 
in  the  same  manner  as  is  prescribed  by  the  provisions  of  this 
sub-title  with  respect  to  the  nomination  in  the  primary  elec- 
tion of  candidates  for  the  office  of  Governor  of  Maryland,  ex- 
cept that  there  shall  be  no  preferential  voting  and  no  designa- 
tion upon  such  ballots  as  to  first  and  second  choice  or  similar 
relative  preference  and  except  as  herein  otherwise  further 
provided. 

The  candidate  for  the  nomination  for  President  who  shall 
receive  the  highest  number  of  votes  lawfully  cast  and  counted 
in  the  primary  elections  of  his  party  in  any  county  and  in  any 
legislative  district  in  the  State  convention  of  such  party  held 
to  select  delegates  to  the  National  convention  of  such  party. 
and  the  votes  cast  in  each  such  primary  election  in  each  coun- 
ty and  legislative  district  of  Baltimore  city  shall  be  canvassed 


OF  TUK  STATE  OP  MARYLAND.  109 

and  certified  by  the  respective  Boards  of  Supervisors  of  Kl<-r 
tions  in  Baltimore  city  and  in  the  several  counties  of  the  State 
in  such  manner  as  plainly  to  indicate  which  candidate  for 
President  in  said  several  and  respective  counties  and  legisla- 
tive districts  received  the  highest  number  of  votes  therein  ; 
and  the  tally  sheets  and  the  returns  and  the  certificates  there- 
of, shall  be  made  out  accordingly  so  as  to  indicate  plainly  such 
results  of  said  election  in  each  of  said  counties  and  legislative 
districts  and  not  in  the  manner  required  by  Section  188  of 
this  sub-title  with  respect  to  the  votes  for  first  and  second 
choice  and  the  tallies,  returns  and  certificates  of  such  first 
and  second  choice  in  the  nomination  of  candidates  for  Gover- 
nor and  other  State  offices. 

The  several  delegations  from  each  county  and  legislative 
.districts  in  the  State  shall  be  required  to  cast  their  votes  on 
each  and  every  ballot  in  the  State  convention  with  respect  to 
the  instruction  and  the  votes  in  the  National  convention  of 
the  delegates  sent  from  Maryland  by  such  State  convention 
to  the  National  convention  for  President  in  accordance  with 
the  instructions  received  from  the  voters  in  each  of  the  several 
counties  and  legislative  districts  as  certified  in  their  creden- 
tials by  the  respective  Supervisors  of  Elections  of  said  coun- 
ties and  legislative  districts  respectively,  and  such  delegates 
from  each  of  said  coimties  and  legislative  districts  shall  con- 
tinue so  to  vote  in  the  State  convention  for  the  choice  of  their 
several  counties  and  legislative  districts  as  aforesaid,  as  long 
as  in  their  conscientious  judgment  there  is  any  possibility  of 
said  choice  obtaining  a  majority  of  the  votes  of  the  State  con- 
vention and  as  long  as  said  choice  is  voted  for  by  the  delegates 
of  any  nine  counties  of  Maryland  in  said  convention,  any 
legislative  district  of  Baltimore  city  to  be  taken  and  consider- 
ed for  such  purpose  as  the  equivalent  of  a  county. 

After  taking  such  number  of  ballots  in  said  State  conven- 
tion as  may  be  necessary  to  show  or  ascertain  a  majority  of 
said  entire  State  convention  for  any  one  candidate  for  Presi- 
dent, the  chairman  of  said  convention  shall  announce  that  the 
person  so  receiving  such  majority  of  the  votes  of  all  the  dele- 
gates in  said  State  convention  for  President  has  been  chosen 
by  the  voters  of  the  party  holding  such  State  convention  of 
the  State  of  Maryland  as  their  choice  for  candidate  for  Presi- 
dent in  the  National  convention  for  such  political  party,  and 
all  the  delegates  of  such  party  selected  by  such  State  conven- 
tion to  the  National  convention  of  such  party  from  the  State 
of  Maryland  shall  be  instructed  and  bound  to  vote  as  a  unit 
in  a  National  Convention  for  such  candidate  for  President  so 
selected  as  the  choice  of  the  State  of  Maryland  as  aforesaid, 
and  such  delegates  shall  continue  to  vote  in  such  National  con- 
vention for  the  choice  of  the  State  of  Maryland  as  aforesaid, 
for  President  as  long  as  in  their  conscientious  judgment  there 
is  any  possibility  of  his  being  nominated. 


110  REGISTRATION  AND  ELECTION  LAWS 

The  delegates  from  the  several  counties  of  the  State  and 
legislative  districts  of  Baltimore  city  to  the  State  convention 
held  to  select  and  deputize  delegates  from  Maryland  of  said 
several  political  parties  to  their  respective  National  conven- 
tions shall  be  elected  by  the  direct  vote  of  the  qualified  voters 
of  each  of  said  political  parties  in  each  of  said  counties  and 
the  legislative  districts  in  the  manner  prescribed  by  this  sub- 
title for  the  nomination  of  candidates  for  public  office  and 
delegates  to  conventions  in  primary  election  by  the  direct 
vote. 

The  State  convention  of  each  of  said  parties  elected  as 
aforesaid  shall  select  the  delegates  to  the  National  convention 
and  nominate  the  candidates  for  Presidential  and  Vice-Presi- 
dential electors  of  each  of  said  parties  in  such  manner  as  said 
State  convention  may  determine,  provided,  that  such  dele- 
gates to  the  National  convention  shall  be  instructed  and  shall 
vote  therein  for  candidates  for  the  nomination  for  President 
as  hereinabove  provided.  As  soon  as  the  delegates  to  the 
National  convention  and  the  Presidential  electors  of  any  of 
such  party  shall  have  been  chosen  by  said  State  convention, 
said  convention  shall  then  proceed  to  ballot  for  the  selection 
for  choice  of  such  party  of  Maryland  for  President,  the  sev- 
eral delegations  from  the  several  counties  and  legislative  dis- 
tricts voting  for  the  preference,  that  is  to  say,  according  to 
the  instructions  of  their  said  counties  and  legislative  districts, 
respectively,  in  the  manner  above  prescribed  and  provided 
for.  The  chairman  of  the  State  convention  shall  announce  the 
final  result  of  such  balloting  and  in  accordance  with  such  re- 
sults shall  duly  certify  to  the  temporary  and  permanent  e£e- 
cutive  officers  of  the  National  convention  of  the  party,  the 
choice  and  the  instructions  so  ascertained  and  determined  of 
the  Maryland  delegation  of  such  party  in  the  National  con- 
vention with  respect  to  the  candidate  of  the  party  for  Presi- 
dent of  the  United  States. 

The  number  of  delegates  at  large  and  of  district  delegates, 
together  with  alternates,  who  shall  represent  the  respective 
political  parties  subject  to  the  provisions  of  this  sub-title  in 
the  respective  National  conventions  of  said  parties 
shall  be  ascertained  and  determined  by  the  governing  body 
for  the  whole  State  of  each  of  said  parties  not  later  than  the 
15th  day  of  April  in  each  year  in  which  such  National  con- 
ventions for  the  nominations  of  President  and  Vice-president 
shall  be  held:  provided,  that  if  the  governing  body  for  the 
whole  State  of  any  of  said  parties  shall  not  make  such  ascer- 
tainment and  determination,  the  same  may  be  made  by  the 
State  convention  of  such  party. 

The  results  of  such  primary  elections  in  the  several  coun- 
ties of  the  State  and  the  several  legislative  districts  of  Balti- 
more for  the  election  of  delegates  to  the  State  convention  in 
Presidential  years  shall  be  canvassed,  ascertained  and  certi- 


OF  THE  STATE  OF  M.M{YU-\M>.  Ill 

fied  in  the  same  manner  as  is  provided  by  law  with  respect  to 
the  election  of  delegates  from  said  several  counties  and  legis- 
lative districts  to  State  conventions  of  said  respective  parties 
to  nominate  candidates  for  State  officers,  except,  however, 
that  such  canvassing,  ascertainment  and  certification  shall  not 
embrace  or  contain  any  reference  to  any  second  or  other  rela- 
tive preferential  choice, 'but  shall  be  made  so  as  to  conform 
and  harmonize  with  the  provisions  of  this  sub-title  respecting 
the  election  and  instruction  of  delegates  from  said  several 
counties  and  legislative  districts  to  the  State  convention  for 
the  selection  of  delegates  to  the  National  convention. 

In  the  event  that  no  person  shall  file  a  certificate  of  candi- 
dacy and  make  the  payment  above  required  as  a  candidate 
for  the  nomination  for  President  in  said  primary  election  of 
any  of  said  parties,  then  the  State  convention  of  such  party 
may  instruct  the  delegates  sent  by  it  to  the  National  conven- 
tion for  such  candidate  for  President  as  it  may  see  fit,  or  may 
send  an  uninstructed  delegation  to  the  National  convention  of 
such  party. 

The  Board  of  Supervisors  of  Elections  in  each  county  of 
the  State  and  of  Baltimore  city  shall  cause  to  be  printed  upon 
the  Presidential  primary  election  ballots  in  each  of  said  coun- 
ties and  in  each  legislative  district  of  Baltimore  city,  and  be- 
neath the  name  or  group  of  names  of  any  qualified  candidate 
or  candidates  for  the  nomination  of  President  of  any  of  such 
parties  and  distinctly  separated  by  appropriate  lines  from 
the  name  or  names  of  such  qualified  candidates  and  in  plainly 
legible  type  the  words  "For  An  Uninstructed  Delegation, ' " 
and  to  the  right  thereof  a  square  for  the  cross-mark  of  the 
voter  in  the  same  manner  and  relative  location  as  the  square 
for  the  cross-mark  is  printed  to  the  right  of  the  name  of  any 
candidate  upon  the  primary  election  ballots  as  in  this  sub- 
title provided,  so  that  such  voters  of  the  party  who  wish  to- 
vote  for  an  uninstructed  delegation  to  the  National  conven- 
tion of  their  party  may  do  so ;  and  if  it  shall  appear  upon  the 
count  and  canvass  of  the  votes  cast  in  said  primary  elections- 
that  a  greater  number  of  votes  have  been  cast  in  such  primary 
election  in  any  county  of  the  State  or  legislative  district  of 
Baltimore  city  in  favor  of  an  uninstructed  delegation  than 
for  any  candidate  in  said  primary  for  the  nomination  for 
President,  the  Supervisors  of  Elections  and  Board  of  Canvas- 
sers for  such  county  or  legislative  district  shall  so  certify, 
and  the  delegation  from  each  county  or  legislative  district  in 
the  State  convention  of  the  party  shall  vote  in  such  State  con- 
vention for  an  uninstructed  delegation  to  the  National  con- 
vention, as  long  as  in  their  conscientious  judgment  it  shall  ap- 
pear to  them  that  there  is  any  possibility  of  a  majority  of  the 
members  of  such  State  convention  voting  for  an  uninstructed 
delegation ;  and  if  it  shall  so  appear  to  any  such  delegation 
that  there  is  no  such  possibility,  they  shall  vote  in  their  dis- 


112  REGISTRATION  AND  ELECTION  LAWS 

cretion  for  instructions  upon  the  part  of  the  State  eonventiou 
for  such  person  for  the  candidate  for  their  party  for  Presi- 
dent as  they  may  deem  wisest. 

Any  vacancy  which  may  exist  in  the  delegation  of  any  of 
such  parties  to  any  such  National  convention  shall  be  filled  in 
the  manner  prescribed  by  Section  188  with  respect  to  the  fill- 
ing of  vacancies. 

CHAPTER  134,  ACTS  OF  1912. 

179.  Said  primary  elections  by  the  political  parties  afore- 
said shall  be  annually  held  throughout  this  State,  including 
Baltimore  city,  on  a  day  to  be  fixed  by  an  agi^eement  between 
the  governing  bodies  of  said  parties  for  the  State  not  earlier 
than  the  eighth  day  of  September  not  later  than  the  fifteenth 
day  of  September  of  and  in  each  and  every  year,  except  in 
those  years  in  which  there  shall  be  an  election  of  a  President 
and  Viee-President  of  the  United  States,  in  which  said  Presi- 
dential years  the  said  primaries,  including  primaries  for  nom- 
inating candidates  for  Congress,  delegates  from  the  several 
counties  and  legislative  districts  of  Baltimore  city  to  the  State 
convention,  and  all  candidates  to  be  elected  at  the  Presiden- 
tial elections,  other  than  delegates  to  National  conventions 
and  Presidential  electors  (which  said  delegates  and  electors 
shall  be  chosen  by  the  State  convention  as  aforesaid),  shall  be 
held  on  the  first  Monday  in  May.     All  such  political  parties 
as  aforesaid,  shall  hold  their  several  primaries  on  the  same 
day.    In  case  such  governing  bodies  for  the  State  fail  to  agree 
on  a  date  within  the  period  fixed  aforesaid,  that  is  to  say,  not 
earlier  than  the  eighth  or  later  than  the  fifteenth  day  of  Sep- 
tember of  each  and  every  year,  except  the  Presidential  years, 
said  primary  election  shall  be  held  on  the  second  Monday  of 
September  in  any  year.     Notices  shall  be  given  of  the  times 
and  places  of  holding  said  primary  elections  by  the  several 
Boards  of  Supervisors  of  Elections,  in  the  city  of  Baltimore 
and  of  the  counties  of  this  State,  respectively,  in  the  same  way 
precisely  as  notice  is  required  to  be  given  for  a  municipal  and 
county  election  held  under  the  provisions  of  Article  33  of  the 
Code  of  Public  General  Laws. 

CHAPTER  741,  ACTS  OF  1910. 

• 

180.  There  shall  be  at  every  primary  election  in  the  city  of 
Baltimore  and  in  each  county  a  voting  place  in  each  elec- 
tion precinct  of  each  ward  and  of  each  election  district,  or  in 
each  election  district  which  may  not  be  divided  into  election 
precincts;  and  each  of  said  voting  places  shall  be  selected  by 
the  Board  of  Supervisors  of  Elections,  in  Baltimore  city  and 
in  the  counties,  as  provided  in  Section  11  of  this  Article,  with 
respect  to  general,  municipal  and  county  elections,  and  fur- 
nished in  the  same  manner  as  at  a  general  election. 


OF  THE  STATE  OF  MARYLAND.  113 

CHAPTER  741,  ACTS  OF  1910. 

181.  All  such  primary  elections  shall  be  conducted  under 
the  control  of  the  several  Boards  of  Supervisors  of  Elections 
in  Baltimore  city  and  the  counties,  respectively,  by  the  judges 
and  clerks  of  elections  appointed  by  them  under  the  provis- 
ions of  said  Article  33,  for  the  conduct  of  elections  held  there- 
under in  Baltimore  city  and  in  the  several  counties  of  the 
State,  and  in  the  same  manner  as  far  as  may  be  applicable  as 
general  elections  are  concerned  under  said  Article  33,  except 
as  may  be  hereinafter  otherwise  provided. 

CHAPTER  792,  ACTS  OF  1914. 

182.  As  many  different  sets  of  official  ballots  shall  be 
printed  and  supplied  by  the  Board  of  Supervisors  of  Elec- 
tions at  each  polling  place,  and  as  many  ballot-boxes  shall  be 
used  at  each  polling  place,  as  there  are  separate  party  nomi- 
nations, delegates,  executives  or  managing  or  executive  bodies 
to  be  voted  for;  arid  to  prevent  voters  belonging  to  or  acting 
with  one  political  party  from  inadvertently  or  intentionally 
casting  their  ballots  for  the  candidate  for  nomination  for  of- 
fice, or  election  as  delegate  to  any  convention  or  as  executive 
or  member  of  an  executive  or  managing  committee  of  any 
other  party,  and  to  facilitate  its  being  promptly  detected  if  so 
cast,  the  ballots  of  the  several  parties  shall  be  printed  upon 
opaque  paper  of  different  colors,  to  be  determined  by  the  sev- 
eral Boards  of  Supervisors  of  Elections:  and  until  after  the 
next  general  registration  in  the  counties  every  person  offer- 
ing to  vote  at  a  primary  election  shall  be  required  to  state  to 
which  party  he  belongs  and  which  party's  candidate  he  in- 
tends to  vote  for  at  the  State,  city  or  county  election,  and 
every  qualified  person  offering  to  vote  in  the  several  counties 
in  the  State  at  a  primary  election  shall  be  permitted  to  vote  in 
the  primary  election  of  that  party  to  which  he  belongs  and 
which  party  candidates  he  intends  to  vote  for  at  the  State  or 
county  election  and  in  Baltimore  city  and  in  the  counties. 
After  the  next  general  registration   in  the  counties,   every 
qualified  person  offering  to  vote  at  a  primary  election  shall  be 
permitted  to  vote  in  the  primary  election  of  that  party t  only 
with  which  he  shall  apper  upon  the  books  of  registration  to 
be  affiliated.     The  respective  Boards  of  Supervisors  of  Elec- 
tions in  the  several  counties  are  hereby  authorized  and  re- 
quired, immediately  upon  the  passage  of  this  Act,  to  have 
prepared  new  books  of  registry  for  use  in  all  of  the  districts 
or  precincts  of  the  said  several  counties  for  the  transcribing 
of  the  names  of  the  qualified  voters  residing  therein  from  the 
registration  books  in  use.    The  said  transcribing  shall  be  done 
in  the  offices  of  the  Boards  of  Supervisors  of  Elections  by  four 
•(4)  clerks  to  be  selected,  two  by  the  Supervisors  representing 


114  REGISTRATION  AND  ELECTION  LAWS 

the  majority  party  and  two  by  the  Supervisors  representing 
the  minority  party  as  the  said  parties  are  now  constituted  in 
this  State,  except  Baltimore  county,  where  said  transcribing 
shall  be  done  in  the  office  of  the  Board  of  Supervisors  of  Elec- 
tions by  twelve  (12)  clerks,  to  be  selected,  six  by  the  Super- 
visors representing  the  majority  party  and  six  by  the  Super- 
visors representing  the  minority  party,  as  the  said  parties  are 
now  constituted  in  this  State.  The  transcribing  shall  be  done 
by  the  said  clerks  and  the  new  books,  after  being  transcribed, 
shall  correspond  in  all  respects,  and  if  they  do  not  correspond 
at  the  conclusion  of  the  work,  or  if  any  error  in  transcribing 
be  alleged  to  exist,  either  or  any  one  of  said  clerks  or  any  citi- 
zen or  voter  in  any  one  of  said  counties  may  file  a  petition  in 
the  Circuit  Court  within  ten  days  after  said  work  is  finished, 
naming  said  clerks  and  the  Board  of  Supervisors  of  Elections 
as  defendants,  and  the  said  Court  shall  have  the  power  to 
make  such  order  for  the  correction  of  said  books  as  may  be 
proper.  The  cost  of  such  preparation  of  proper  registry  books 
shall  be  paid  by  the  County  Commissioners  of  the  county  ir 
which  such  sub-division  shall  be  made,  upon  proper  requisi- 
tions and  vouchers  presented  by  the  Boards  of  Supervisors  of 
Elections.  Any  political  party  that  polled  more  than  one  per 
cent  of  the  votes  cast  at  the  last  election  may,  through  its  po- 
litical committee,  if  it  has  one,  or  by  citizens  representing  said 
party,  if  there  be  no  political  committee,  name  a  watcher  and 
substitute  watcher  who  shall  be  permitted  to  attend  at  the 
transcribing  of  said  names  and  have  power  to  examine  the 
said  books  during  the  sittings  of  said  clerks  for  the  said  work 
and  for  a  period  of  five  days  thereafter  in  the  presence  of  said 
Board  of  Supervisors.  In  the  books  of  registry  so  provided 
for  to  be  used  in  transcribing  said  registered  voters  in  each 
and  every  county  of  the  State  subsequent  to  the  passage  of 
this  Act,  there  shall  be  provided  a  distinct  column  headed 
"Party  Affiliations,"  and  the  Board  of  Registers  shall  enter 
in  this  column  the  name  of  the  political  party,  if  any,  to  which 
the  voter  is  inclined  and  with  which  the  voter  desires  to  have 
himself  recorded  as  affiliated.  It  shall  be  the  duty  of  the 
Board  of  Registry  to  explain  to  each  voter  that  the  statement 
of  such  party  affiliation  does  not  bind  him  to  vote  for  the  can- 
didate of  such  party  at  any  given  election;  also,  that  he  has 
the  right  to  decline  to  state  any  party  affiliations ;  but  that  no 
one  who  is  not  recorded  upon  the  registry  as  affiliated  with 
a  particular  political  party  will  be  qualified  to  vote  at  subse- 
quent primary  elections  of  said  political  party.  Whenever  a 
voter  declines  to  state  his  party  affiliations,  the  word  "De- 
clined" shall  be  written  opposite  his  name  in  such  column  so 
that  there  shall  be  written  in  such  column  opposite  the  name 
of  every  registered  voter,  either  his  party  affiliation  or  the 
word  "Declined."  Each  and  every  voter  as  he  appears  at 
the  first  primary  election  at  which  he  votes  subsequent  to  the' 


OF  THE  STATE  OF  MARYLAND.  115 

passage  of  this  Act  shall,  before  he  is  permitted  to  vote  at 
said  primary,  state  to  which  party  he  is  inclined  and  to  which 
party  he  desires  to  have  himself  recorded  as  affiliated,  and 
the  Board  of  Registers,  then  sitting  as  judges  of  election, 
shall  thereupon  and  at  once  enter  in  the  column  provided  for 
party  affiliations  the  name  of  the  political  party  to  which  the 
voter  is  inclined  and  with  which  he  desires  to  affiliate,  and  in 
said  primary  and  all  primary  elections  thereafter  held,  any 
person  so  registered  as  affiliated  with  a  given  political  party 
shall  have  the  right  to  vote  the  official  ballot  of  that  party, 
and  of  no  other. 

All  persons  arriving  at  the  age  of  twenty-one  years,  after 
the  closing  of  the  next  preceding  registration,  or  who  shall 
attain  the  age  of  twenty-one  years  before  the  general  election 
for  which  the  primary  election  is  held,  entitled  to  be  register- 
ed as  qualified  voters,  shall  be  entitled  to  vote  upon  proving, 
under  oath,  to  the  satisfaction  of  a  majority  of  the  Judges  of 
Election,  their  right  to  registration  in  the  precinct  in  which 
they  claim  the  right  to  vote,  provided  they  shall  declare  their 
intentions  to  vote  for  the  candidate  or  candidates  of  the  party 
at  whose  primary  they  tender  their  ballots. 

No  person  or  voter  after  having  had  his  affiliation  regis- 
tered shall  be  permitted  to  make  any  change  in  his  party  af- 
filiation unless  the  same  shall  be  made  at  least  six  months 
prior  to  the  day  of  the  primary  election. 

CHAPTER  774,  ACTS  OF  1914. 

181A.  As  many  different  sets  of  official  ballots  shall  be 
printed  and  supplied  by  the  Board  of  Supervisors  of  Elec- 
tions of  Dorchester  county  at  each  polling  place,  and  as  many 
ballot-boxes  shall  be  used  at  each  polling  place  as  there  are 
separate  party  nominations,  delegates,  executives  or  manag- 
ing or  executive  bodies  to  be  voted  for ;  and  to  prevent  voters 
belonging  to  or  acting  with  one  political  party  from  inadver- 
tently or  intentionally  casting  their  ballots  for  the  candidate 
for  nomination  for  office,  or  election  as  delegate  to  any  con- 
vention or  as  executive  or  member  of  an  executive  or  manag- 
ing committee  of  any  other  party,  and  to  facilitate  its  being 
promptly  detected  if  so  cast,  the  ballots  of  the  several  parties 
shall  be  printed  upon  opaque  paper  of  different  colors,  to  be 
determined  by  the  Board  of  Supervisors  of  Elections  of  Dor- 
chester county;  and  until  after  the  next  general  registration 
in  Dorchester  county  every  person  offering  to  vote  at  a  pri- 
mary election  shall  be  required  to  state  to  which  party  he  be- 
longs and  which  party's  candidate  he  intends  to  vote  for  at 
the  State  or  county  election,  and  every  qualified  person  offer- 
ing to  vote  in  Dorchester  county  at  a  primary  election  shall 
be  permitted  to  vote  in  the  primary  election  of  that  party  to 
which  he  belongs  and  which  party  candidate  he  intends  to 


116  REGISTRATION  AND  ELECTION  LAWS 

vote  for  at  the  State  or  county  election  in  Dorchester  county. 
After  the  next  general  registration  in  Dorchester  county, 
eveiy  qualified  person  offering  to  vote  at  a  primary  election 
shall  be  permitted  to  vote  in  the  primary  election  of  that 
party  only  with  which  he  shall  appear  upon  the  books  of  reg- 
istration to  be  affiliated.  The  Board  of  Supervisors  of  EJec- 
tioiis  in  Dorchester  county  is  hereby  authorized  and  required, 
immediately  upon  the  passage  of  this  Act,  to  have  prepared 
new  books  of  registry  for  use  in  all  of  the  districts  or  precincts 
of  the  said  Dorchester  county,  for  the  transcribing  of  the 
names  of  the  qualified  voters  residing  therein  from  the  regis- 
tration books  in  use.  The  said  transcribing  shall  be  done  in  the 
office  of  the  Board  of  Supervisors  of  Elections  of  Dorchester 
county  by  four  (4)  clerks  to  be  selected,  two  by  the  Super- 
visors representing  the  majority  party  and  two  by  the  Super- 
visors representing  the  minority  party,  as  the  said  parties  are 
now  constituted  in  this  State.  The  transcribing  shall  be  done 
by  said  clerks,  and  the  new  books,  after  being  transcribed, 
shall  correspond  in  all  respects,. and  if  they  do  not  correspond 
at  the  conclusion  of  the  work,  or  if  any  error  in  transcribing 
be  alleged  to  exist,  either  or  any  one  of  said  clerks  or  any  citi- 
zen or  voter  in  said  county  may  file  a  petition  in  the  Circuit 
Court  within  ten  days  after  said  work  is  finished,  naming  said 
clerks  and  the  Board  of  Supervisors  of  Elections  of  Dorches- 
ter county  as  defendants,  and  the  said  Court  shall  have  the 
power  to  make  such  order  for  the  correction  of  said  books  as 
may  be  proper.  The  cost  of  such  preparation  of  proper  regis- 
try books  shall  be  paid  by  the  County  Commissioners  of  Dor- 
chester county,  upon  proper  requisitions  and  vouchers  pre- 
sented by  the  Board  of  Supervisors  of  Elections  of  Dorchester 
county.  Any  political  party  that  polled  more  than  one  per 
cent,  of  the  votes  cast  at  the  last  election  may,  through  its  po- 
litical committee,  if  it  has  one,  or  by  citizens  representing  said 
party,  if  there  be  no  political  committee,  name  a  watcher  and 
substitute  watcher  who  shall  be  permitted  to  attend  at  the 
transcribing  of  said  names  and  have  power  to  examine  the 
said  books  during  the  sittings  of  said  clerks  for  the  said  work 
and  for  a  period  of  five  days  thereafter  in  the  presence  of  said 
Board  of  Supervisors.  In  the  books  of  registry  so  provided 
for  to  be  used  in  transcribing  said  registered  voters  in  Dor- 
chester county  subsequent  to  the  passage  of  this  Act.  there 
shall  be  provided  a  distinct  column  headed  "Party  Affilia- 
tions," and  the  Board  of  Registers  shall  enter  in  this  column 
the  name  of  the  political  party,  if  any,  to  which  the  voter  is 
inclined  and  with  which  the  voters  desires  to  have  himself  re- 
corded as  affiliated.  Tt  shall  be  the  duty  of  the  Board  of 
Registry  to  explain  to  each  voter  that  the  statement  of  such 
party  affiliation  does  not  bind  him  to  vote  for  the  candidate  of 
such  party  at  any  given  election :  also  that  he  has  the  right  to 
decline  to  state  any  party  affiliations;  but  that  no  one. who  is 


OF  THE  STATE  OF  MARYLAND.  117 

not  recorded  upon  the  registry  as  affiliated  with  a  particular 
political  party  will  be  qualified  to  vote  at  subsequent  primary 
elections  of  said  political  party.  Whenever  a  voter  declines 
to  state  his  party  affiliations,  the  word  "Declined"  shall  be 
written  opposite  his  name  in  such  column  so  that  there  shall 
be  written  in  such  column  opposite  the  name  of  every  regis- 
tered voter,  either  his  party  affiliation  or  the  word  "  Declin- 
ed. '  Each  and  every  voter  as  he  appears  at  the  first  primary 
election  at  which  he  votes  subsequent  to  the  passage  of  this 
Act,  shall,  before  he  is  permitted  to  vote  at  said  primary,  state 
to  which  party  he  is  inclined  and  to  which  party  he  desires  to 
have  himself  recorded  as  affiliated,  and  the  Board  of  Regis- 
ters, then  sitting  as  Judges  of  Election,  shall  thereupon  and 
at  once  enter  in  the  column  provided  for  party  affiliations  the 
name  of  the  political  party  to  which  the  voter  is  inclined  and 
with  which  he  desires  to  affiliate,  and  in  said  primary  and  in 
.all  primary  elections  thereafter  held,  any  person  so  register- 
ed as  affiliated  with  a  given  political  party  shall  have  the 
right  to  vote  the  official  ballot  of  that  party,  and  of  no  other. 

There  shall  be  annually  a  sitting  of  the  registration  officers 
in  and  throughout  Dorchester  county  on  the  day  which  shall 
be  the  fifth  day  before  the  day  of  the  primary  election  (ex- 
cluding the  day  of  the  primary  election  in  the  computation  of 
said  fifth  day  prior  thereto),  on  which  day  all  of  said  regis- 
tration officers  shall  sit  from  8  o  'clock  A.  M.  until  8  o  'clock  P. 
M.  in  Dorchester  county,  for  the  purpose  of  revising  the  regis- 
tration lists  by  adding  new  voters,  making  transfers,  etc.,  so 
that  fair  and  full  opportunity  may  be  afforded  to  all  voters, 
duly  qualified,  to  take  part  in  the  primary  elections. 

No  person  or  voter  after  having  had  his  affiliation  register- 
ed shall  be  permitted  to  make  any  change  in  his  party  affilia- 
tion unless  the  same  shall  be  made  at  least  six  months  prior  to 
the  day  of  the  primary  election. 


CHAPTER  2,  ACTS  OF  1912. 


183.  The  books  of  registry  shall  be  furnished  to  the 
judges  at  each  polling  place  by  the  respective  Boards  of  Su- 
pervisors of  Elections,  and  shall  be  used  at  such  elections  in 
the  same  way  as  they  ai*e  now  used  at  municipal,  county,  ju- 
dicial, Congressional,  or  general  elections  held  under  the  pro- 
visions of  said  Article  33.  In  the  books  of  registry  now  in 
use,  or  which  may  be  hereafter  prepared  for  use  in  Baltimore 
•  •ity.  or  which  may  be  prepared  for  use  in  the  several  counties 
a  column  headed  "Voted  at  Primary  Election,"  shall  b.-> 
used;  in  each  column  such  word  "Voted"  or  letter  "V"  shall 
be  hereafter  entered  at  the  primary  election  at  which  su<;h 
registry  shall  be  used,  and  opposite  the  name  of  each  person 
voting. 


118  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  714,  ACTS  OF  1914. 

184.  Official  ballots  shall  be  prepared  for  such  primary 
elections  in  Baltimore  city  and  in  the  several  counties,  re- 
spectively, by  the  said  several  Boards  of  Supervisors  of  Elec- 
tions for  said  city  and  said  several  counties,  respectively,  as  is 
now  provided  by  said  Article  33  of  the  Code  of  Public  Gen- 
eral Laws,  except  as  herein  otherwise  provided  for,  and  except 
that  on  the  back  and  outside  of  all  such  official  ballots  shall  be 
printed  only  the  words  *  *  Official  Ballot  For, ' '  followed  by  the 
designation  of  the  county  or  legislative  district  of  Baltimore 
city,  as  the  case  may  be,  for  which  it  is  prepared  and  said  sev- 
eral Boards  of  Supervisors  of  Elections  shall  print  or  cause 
to  be  printed  on  said  official  ballots  the  names  of  all  candi- 
dates for  office  to  be  voted  for,  and  for  delegates  to  any  con- 
vention, or  for  party  executive  or  executives,  or  for  member- 
ship of  any  executive  committee  or  managing  body  of  any  po- 
litical party,  who  shall  become  duly  qualified  by  the  payment 
of  the  amount  herein  named,  when  any  payment  is  herein  re- 
quired, and  shall  have  filed  a  certificate  in  writing  with  the 
Board  of  Supervisors  of  Elections  in  Baltimore  city  or  in  any 
of  the  counties,  as  the  case  may  be,  containing  the  name  of 
the  person  seeking  a  nomination  for  office  or  to  be  a  delegate 
to  a  convention,  or  an  executive  or  member  of  an  executive 
committee  or  managing  body  of  a  political  party,  his  resi- 
dence, place  where  he  is  a  registered  voter,  his  address,  the 
office  or  position  for  which  he  seeks  to  be  nominated  or  se- 
lected, and  the  party  to  which  he  belongs,  and  duly  acknowl- 
edged by  the  person  filing  such  certificate  for  such  nomination 
or  selection  before  an  officer  duly  authorized  to  take  acknowl- 
edgments, who  shall  append  a  certificate  of  such  acknowledg- 
ment. The  certificate  to  be  filed  by  a  candidate  seeking 
to  be  elected  as  a  delegate  to  a  convention  shall,  moreover, 
specify  the  convention  to  which  he  seeks  to  be  elected.  All 
such  certificates  must  be  filed  and  payments  made  by  candi- 
dates for  the  nomination  of  Governor,  Comptroller.  Attorney- 
General  and  Clerk  of  the  Court  of  Appeals  not  less  than 
thirty  days  before  the  day  of  said  primary  election,  and  by  all 
other  candidates  not  less  than  twenty  days  before  said  pri- 
mary election.  The  names  of  the  several  candidates  for  nomi- 
nation or  for  delegates,  executive  or  member  of  an  executive 
committee,  or  managing  body  of  a  political  party  aforesaid, 
shall  be  published  seven  days  before  the  said  election  in  the 
mode  prescribed  in  Section*44  of  said  Article  33,  as  far  as 
may  be  practicable.  It  shall  not  be  necessary  to  print  sample 
ballots  or  cards  of  instructions  for  such  elections,  but  either 
or  both  shall  be  printed  by  the  Board  of  Supervisors  of  Elec- 
tions of  the  City  of  Baltimore,  when  requested  by  any  candi- 
date in  said  primary  election,  said  request  to  be  accom- 

*Probably  refers  to  Section  49  of  Chapter  202  of  the  Acts  of  1896. 


OP  THE  STATE  OF  MARYLAND.  119 

panied  by  a  sum  of  money  necessary  to  cover  the  cost  of 
printing.  Each  candidate  for  nomination  for  public  office  at 
a  primary  election  shall  pay  the  sum  of  twenty-five  dollars 
($25)  for  each  county  or  legislative  district  of  Baltimore 
city  in  which  his  name  appears  upon  the  ballot;  provided, 
that  in  any  county  where  the  salary  of  the  office  for  which 
nomination  is  sought  is  three  hundred  dollars  ($300)  or  less, 
such  payment  shall  be  ten  dollars  ($10)  ;  upon  filing  his 
respective  certificate  with  the  Board  of  Supervisors  of  Elec- 
tion; but  candidates  for  Governor,  Attorney-General,  Comp- 
troller or  Clerk  of  the  Court  of  Appeals  of  the  State  shall  11  !<• 
their  said  certificates  of  nomination  with  the  Secretary  of 
State  at  Annapolis,  and  the  Secretary  of  State,  immediately 
on  receipt  of  the  same  shall  certify  the  fact  of  said  filing 
and  the  name  and  description  of  each  person  so  filing  said 
certificate  as  specified  therein  to  the  Supervisors  of  Elections 
of  Baltimore  city  and  of  every  county  in  the  State.  Said 
candidates  for  Governor,  Comptroller,  Attorney-General  and 
Clerk  of  the  Court  of  Appeals,  upon  filing  their  respec- 
tive certificates  with  the  Secretary  of  State  as  aforesaid, 
shall  each  pay  to  him  the  sum  of  two  hundred  and  seventy 
dollars,  which  in  turn  shall  be  transmitted  by  him  in  sums 
of  ($10.00)  ten  dollars  each  to  the  Supervisors  of  Elections 
of  each  county  of  the  State,  and  the  sum  of  forty  dollars 
thereof  to  the  Supervisors  of  Elections  of  Baltimore  City; 
and  the  Board  of  Supervisors  of  Elections  of  Baltimore 
city  shall  pay  over  the  amount  so  received  to  the  Mayor  and 
City  Council  of  Baltimore,  and  the  Board  of  Supervisors  of 
Elections  for  each  county  shall  pay  over  the  amount  so  re- 
ceived to  the  County  Commissioners  of  each  county,  respec- 
tively; and  all  the  expenses  of  each  of  said  primary  elections 
in  Baltimore  city  shall  be  paid  by  the  Mayor  and  City  Coun- 
cil of  Baltimore ;  and  all  the  expenses  of  holding  said  primary 
elections  in  each  county,  respectively,  shall  be  paid  by  the 
County  Commissioners  of  each  county,  respectively,  precisely 
as  the  expenses  of  the  State,  city  and  county  elections  are  now 
paid  under  existing  laws;  provided,  that  the  ballots  to  be 
used  at  all  primary  elections  to  be  held  in  'the  several  coun- 
ties of  the  State  shall  be  prepared  and  printed  by  the  Board 
of  Supervisors  of  Elections  in  the  respective  counties  in  a 
similar  manner  to  that  provided  by  this  Article  for  general 
elections  in  Baltimore  city,  and  as  provided  in  Section  55  of 
this  Article  for  general  elections,  except  that  there  shall  be 
no  detachable  stub  or  coupon  to  said  ballot,  and  in  number 
not  less  than  twice  the  number  of  registered  voters  of  the 
respective  political  parties  participating  in  such  primary,  as 
nearly  as  the  same  may  be  estimated,  and  shall  be  delivered 
by  such  Boards  of  Supervisors  of  Elections  to  the  election 
officials  as  herein  provided  for  Baltimore  city  primary  elec- 
tions. The  said  Boards  of  Supervisors  of  Elections  for  the 


120  REGISTRATION  AND  ELECTION  LAWS 

several  counties  shall  at  the  same  time  print  and  distribute, 
five  days  before  such  primary  election,  to  any  candidate  or- 
dering and  paying  the  cost  of  the  same,  any  number  of  such 
official  ballots  such  candidates  may  desire.  Said  supervisors 
shall  also  cause  to  be  furnished  and  delivered  with  such 
official  ballots  to  the  proper  election  officials  in  each  election 
district  or  voting  precinct  in  the  several  counties  of  the  State, 
opaque,  official,  gummed  envelopes  of  uniform  size  and  00101*8 
corresponding  to  the  official  ballots  of  the  respective  political 
parties  participating  in  such  primaries  sufficiently  large  to 
receive  such  official  ballot  when  folded.  On  the  back  and 
outside  of  all  such  official  envelopes  shall  be  printed  the 
words,  " Official  Envelope  for  Ballot."  followed  by  the  desig- 
nation of  the  polling  place  for  which  it  is  prepared,  the  date 
of  the  primary  election,  and  a  fac-simile  of  the  signature  of 
the  President  of  the  Board  of  Supervisors  of  Elections  by 
whom  the  official  envelopes  and  ballots  for  said  primary  elec- 
tioi\  have  been  prepared.  Said  official  envelope  shall  be  pro- 
vided with  a  detachable  stub  or  coupon  in  the  same  manner 
as  is  now  provided  by  law  for  official  ballots,  and  the  number 
of  such  envelopes  so  furnished  shall  be  in  number  twenty  - 
five  per  cent,  more  than  the  estimated  vote  of  the  several 
political  parties  participating  in  such  primary  in  such  elec- 
tion district  or  precinct  as  the  case  may  be. 

CHAPTER  261,  ACTS  OP  1914, 

184A.  In  the  event  that  the  name  of  any  candidate  who 
shall  have  made  a  deposit  with  the  Supervisors  of  Elections, 
as  hereinabove  provided,  shall  not  appear  on  the  official  bal- 
lot at  said  primary  election,  by  reason  of  there  being  no  op- 
posing candidate,  such  candidate  shall  not  be  entitled  to  a  re- 
turn of  his  deposit,  but  the  same  shall  be  retained  by  the 
Mayor  and  City  Council  of  Baltimore,  or  the  County  Commis- 
sioners of  the  county  to  which  the  same  shall  have  been  paid 
by  the  Supervisors  of  Elections,  and  used  in  defraying  the  ex- 
penses of  such  primary  election. 

CHAPTER  2,  ACTS  OF  1912. 

185.  The  names  of  candidates  for  nomination  for  each 
office  or  for  each  place  or  position  aforesaid,  respectively, 
shall  be  arranged  alphabetically  upon  the  ballots  according  to 
the  surnames  of  the  candidates.  Ballots  iii  all  said  primary 
elections  shall  be  cast,  except  as  hereinafter  provided  for  pri- 
mary elections  in  the  several  counties  of  the  State,  counted 
and "  canvassed  and  the  result  of  the  election  announced  and 
certified  in  Baltimore  city  and  in  each  of  the  counties  of  the 
State,  as  now  provided  by  said  Article  33  for  elections  held 
thereunder;  and  the  said  primary  elections  shall  be  held  and 


OF  fnu;  STATK  UK  MARYLAND.  1*J1 

conducted  arid  determined  in  the  manner  and  form  provided 
by  this  Article  for  general  elections,  and  subject  to  all  the 
regulations,  requirements  and  provisions  as  prescribed  by  this 
Article  for  general  elections,  in  so  far  as  the  same  are  or  may 
be  applicable  to  said  primary  elections  and  except  as  may  be 
herein  provided.  And  the  provisions  of  the  general  election 
law,  governing  election  contests  are  hereby  expressly  declared 
to  be  applicable  to  such  primary  elections.  Challengers  and 
watchers  representing  the  candidates  in  any  said  primary 
elections  shall  be  allowed  to  be  present  at  the  several  voting 
places  during  the  voting  and  counting  of  the  ballots,  as  pro- 
vided in  said  Article  33,  with  respect  to  general  elections  held 
thereunder.  As  each  voter's  name  shall  be  entered  in  the  poll 
book  kept  by  the  two  clerks  of  election,  there  shall  be  entered 
opposite  his  name  the  name  of  the  party  whose  candidate  or 
candidates  he  voted  for;  provided,  that  in  primary  elections 
to  be  held  in  the  several  counties  of  the  State  the  name  or  in- 
itials of  the  judge  of  election  shall  be  placed  upon  the  official 
envelope,  and  the  stub  or  coupon  provided  for  herein  for  such 
official  envelope  shall  be  filled  out  and  handled  in  every  re- 
spect similar  to  the  coupon  provided  for  official  ballots  at  gen- 
eral elections  for  the  State,  and  it  shall  not  be  lawful  for  the 
judges  or  clerks  of  election  to  place  their  names  or  initials, 
or  any  other  matter,  upon  the  official  ballots;  and  it  shall  be 
lawful  for  every  person  having  the  qualifications  of  a  voter 
for  such  primary  election  under  this  Article  in  the  several 
Bounties  of  the  State  to  have  his  official  ballot  prepared  before 
entering  the  proper  polling  place,  but  upon  presenting  him- 
self to  the  judges  of  elections  as  provided  by  this  Article,  and 
it  having  been  determined  by  such  judges  that  lie  is  qualified 
to  vote  in  such  primaries,  there  shall  be  given  him  by  the  prop- 
er election  official  a  blank  official  ballot  of  the  political  party 
in  .whose  primaries  he  is  entitled  to  vote,  together  with  an  un- 
sealed official  envelope  for  the  same  party  as  provided  herein  ; 
but  in  the  counties  no  ballot  shall  be  handed  or  delivered  to 
any  voter  within  one  hundred  feet  of  the  election  booth,  or 
within  the  booth  itself,  such  act  hereby  being  defined  to  be 
electioneering,  except  the  unmarked  ballot  herein  required  to 
be  handed  to  him  by  the  election  officials ;  he,  the  voter,  shall 
thereupon  retire  to  one  of  the  booths  provided  for  the  pur- 
pose, taking  with  him  said  blank  ballot,  and  shall  there,  with 
black  pencil  and  in  the  manner  required  by  law,  prepare  such 
official  ballot  for  voting,  or  in  the  privacy  of  such  booth  he 
may  exchange  such  ballot  for  the  official  ballot  or  one  of  the 
official  ballots  which  he  may  have  brought  into  such  polling 
place  with  him  previously  prepared  for  voting,  and  while  in 
such  booth  he  shall  place  the  official  ballot  he  desires  to  vote 
in  the  official  envelope  so  provided,  and  seal  the  same ;  he  shall 
then  hand  to  one  of  the  judges  of  election  the  envelope  so  seal- 
ed containing  the  official  ballot  he  desires  to  cast,  and  the 


122  REGISTRATION  AND  ELECTION  LAWS 

judge  of  election  so  receiving  such  envelope  and  ballot  shall, 
after  detaching  the  coupon  attached  thereto,  deposit  such  en- 
velope so  sealed  in  the  ballot-box  of  the  voter's  political  party 
in  the  presence  of  the  voter  and  of  the  other  judges  of  elec- 
tion; in  such  primary  elections  held  in  the  several  counties 
of  the  State,  upon  the  opening  of  the  ballot-boxes  by  the 
judges,  they  shall  count  and  announce  the  whole  number  of 
envelopes,  representing  the  whole  number  of  ballots,  in  the 
ballot-boxes  for  the  several  parties  in  similar  manner  to  that 
provided  by  this  Article  for  official  ballots  at  general  elec- 
tions, and,  in  counting  the  ballots,  the  judges  shall  carefully 
examine  the  ballots  and  the  envelopes  containing  the  same, 
and  if  any  envelope  shall  be  found  not  of  the  character  re- 
quired by  this  Article,  or  if  any  mark  or  device  be  found  on 
any  envelope,  shall  be  found  not  of  the  character  required  by 
this  Article,  or  if  any  mark  or  device  be  found  on  any  envel- 
ope or  peculiar  folding  by  which,  in  the  opinion  of  the  ma- 
jority of  the  judges,  the  same  may  be  identified  so  to  indicate 
who  may  have  cast  the  same,  the  ballot  so  marked,  or  the  bal- 
lot contained  in  the  envelope  so  marked  or  folded,  or  improp- 
erly substituted,  shall  not  be  counted ;  and  when  more  than 
one  ballot  shall  be  found  in  an  envelope  neither  of  the  ballots 
therein,  shall  be  counted,  nor  shall  a  ballot  be  counted  when 
found  in  an  envelope  furnished  for  a  different  political  party 
than  that  for  which  the  ballot  was  provided;  and  the  inten- 
tion, so  far  as  the  same  may  be  ascertained  from  each  ballot 
itself,  shall,  in  the  absence  of  any  unlawful  or  fraudulent 
mark  or  device  thereon  or  enclosed  therewith  or  on  the  envel- 
ope containing  the  same,  prevail ;  and  in  case  any  voter  put- 
ting his  ballot  in  the  envelope  shall  mutilate  the  envelope,  he 
may  return  the  same  and  receive  a  new  envelope  in  lieu  there- 
of under  the  same  conditions  and  penalties  as  provided  in  this 
Article  for  new  ballots  at  general  elections ;  and  in  case  a  law- 
ful ballot  contained  in  a  proper  envelope  shall  be  mutilated 
by  any  of  the  judges  of  elections  in  opening  the  envelope,  the 
ballot  shall  not  be  thrown  out  for  that  reason ;  and  if  an  en- 
velope shall  be  deposited  in  the  ballot-box  inadvertently,  with- 
out being  properly  sealed  and  without  being  detected  by  the 
judge  receiving  the  same,  or  shall  become  unsealed  in  the  bal- 
lot-box, a  lawful  ballot  contained  therein  shall  not  be  thrown 
out  for  that  reason ;  and  if  an  envelope  shall  be  deposited  in 
the  ballot-box  inadvertently  without  being  properly  sealed 
and. without  being  detected  by  the  judges  receiving  the  same, 
or  shall  become  unsealed  in  the  ballot-box,  a  lawful  ballot  con- 
tained therein  shall  not  be  thrown  out  for  that  reason ;  and  if 
the  voter  shall  hand  a  ballot  in  an  unsealed  envelope  to  the 
judge  for  depositing  the  same  in  the  ballot-box,  and  the  judge 
detects  that  the  same  is  unsealed,  the  envelope,  with  the  bal- 
lot therein,  shall  be  returned  to  the  voter,  who  shall  be  direct- 
ed to  return  to  the  privacy  of  a  booth  and  there  seal  the  en- 


OF  THE  STATE  OF  MARYLAND.  123 

velope  before  again  tendering  it  to  the  judge  to  be  placed  in 
the  ballot-box.  If  in  Baltimore  city  or  in  any  county  more 
names  are  marked  for  any  office  than  there  are  persons  to  be 
voted  for,  such  ballots  shall  not  be  counted  for  such  candidate 
or  delegates,  or  other  persons  to  be  voted  for,  as  the  case  may 
be;  but  the  whole  ballot  shall  not  for  that  reason  be  rejected 
for  candidates  for  other  offices  or  positions,  if  any,  and  a  bal- 
lot marked  by  any  other  than  a  black  lead  pencil  shall  not  be 
counted.  No  vote  shall  be  counted  in  any  such  county  for  any 
person,  after  whose  name  a  cross-mark  made  with  a  black  pen- 
cil does  not  appear  on  the  ballot  when  voted. 

CHAPTER  741,  ACTS  OF  1910. 

186.  Nominations  for  Mayor,  Comptroller,  President  of  the 
Second  Branch  City  Council  and  members  of  the  City 
Council  of  Baltimore  shall  be  made  by  direct  vote  of  the  re- 
spective political  parties  at  primaiy  elections  to  be  held  in  all 
respects  according  to  the  aforegoing  provisions,  applicable  to 
primary  elections  in  Baltimore  city,  except  that  the  day  for 
holding  the  same  shall  be  the  first  Tuesday  of  April  of  the 
yejy.1  in  which  the  municipal  elections  in  said  city  of  Balti- 
more are  to  be  held  on  a  different  day  from  the  general  elec- 
tion. At  every  general  registration  held  in  Baltimore  city, 
and  in  each  and  every  county  of  the  State,  subsequent  to  the 
passage  of  this  Act,  there  shall  be  provided  in  the  registra- 
tion books  a  distinct  column  headed  "Party  Affiliations",  and 
the  board  of  registers  shall  enter  in  this  column  the  name  of 
the  political  party,  if  any,  to  which  the  voter  is  inclined  and 
with  which  the  voter  desires  to  have  himself  recorded  as  affili- 
ated. Tt  shall  be  the  duty  of  the  Board  of  Registry  to  explain 
to  each  voter  that  the  statement  of  such  party  affiliations,  does 
not  bind  him  to  vote  for  the  candidate  of  such  party  of  any 
given  election;  also  that  he  has  the  right  to  decline  to  state 
any  party  affiliations;  but  that  no  one  who  is  not  recorded 
upon  the  registry  as  affiliated  with  a  particular  political  party 
will  be  qualified  to  vote  at  subsequent  primary  elections  of 
said  political  party.  Whenever  a  voter  declines  to  state  his 
party  affiliation,  the  word  "Declined"  shall  be  written  oppo- 
site his  name  under  such  column,  so  that  there  shall  be  written 
in  such  column,  opposite  the  name  of  every  registered  voter, 
either  his  party  affiliations  or  the  word  ' ' Declined. ' '  And  i» 
all  primary  elections  thereafter  held,  any  person  so  registered 
as  affiliated  with  a  given  political  party  shall  have  the  right 
to  vote  the  official  ballot  of  tlmt  party  and  of  no  other;  and 
at  any  intermediate  registration  subsequent  to  the  close  of  the 
next  general  registration,  such  voter  may  appear  before  the 
Board  of  Registry  and,  upon  his  identity  being  established  to 
the  satisfaction  of  the  majority  of  the  board  of  registry,  to 
make,  alter  or  strike  out  any  entry  in  the  coin  inn  headed 


124  REGISTRATION  AND  ELECTION  LAWS 

' '  Party  Affiliations '  \  opposite  his  name  in  the  registry ;  it 
shall  be  the  duty  of  the  Board  of  Registry  to  enter  in  the  col- 
umn headed  "Remarks7'  the  fact  that  such  entry  was  made, 
altered  or  stricken  out,  and  the  date  thereof. 

CHAPTER  741,  ACTS  OF  1910. 

187.  For  the  performance  of  the  duties  imposed  upon 
them  by  this  Act,  the  Supervisors  of  Elections  of  Baltimore 
city  shall  be  entitled  to  receive,  in  addition  to  the  annual  sal- 
ary of  $1,500.00  allowed  them  by  Section  2  of  Article  33,  the 
further  annual  salary  of  one  thousand  dollars  each;  and  the 
Supervisors  of  Elections  of  the  several  counties,  in  addition  to 
the  annual  salary  of  one  hundred  dollars  each  allowed  them 
by  Section  2  of  Article  33,  shall  be  entitled  to  receive  an  ad- 
ditional compensation,  to  be  paid  by  the  County  Commission- 
ers of  the  several  counties,  amounting  to  twenty-five  per  cent 
of  the  salary  now  received  by  them  under  said  section  in  the 
counties,  and  such  further  sum  for  expenses  incurred  in  the 
performance  of  the  duties  imposed  on  them  by  this  Act  as  the 
said  several  boards  of  County  Commissioners  shall  allow.  The 
Supervisors  of  Elections  of  Baltimore  city,  in  addition  to  the 
sum  allowed  to  them  by  Section  6  of  Article  33,  as  compensa- 
tion for  their  clerk  and  messenger  and  other  temporary  as- 
sistance, such  as  is  mentioned  in  said  Section  6  of  Article  33. 
shall  be  allowed  the  further  sum  of  fifteen  hundred  dollars; 
and  the  Supervisors  of  Elections  of  the  several  counties  shall 
be  entitled  to  receive  for  such  additional  clerical  or  other  as- 
sistance as  they  may  need  for  the  performance  of  the  duties 
imposed  upon  them  by  this  Act,  a  sum  not  exceeding  twenty  - 
five  per  cent  of  the  present  salary  for  that  purpose  in  the 
counties.  All  of  said  expenses  shall  be  paid  by  the  Mayor 
and  City  Council  of  Baltimore  and  the  County  Commission- 
ers, respectively,  in  precisely  the  same  way  as  the  salaries  of 
the  said  Supervisors  of  Elections  of  Baltimore  city  and  in  the 
several  counties,  and  as  other  expenses  of  every  kind  men- 
tioned in  said  Sections  2  and  6  of  said  Article  33  are  provided 
to  be  paid. 

CHAPTER  2,  ACTS  OF  1912. 

188.  Every  candidate  for  the  nomination  for  a  State  of- 
fice ;  that  is  to  say,  an  office  filled  by  the  vote  of  all  the  regis- 
tered voters  of  the  State  of  Maryland,  shall  be  nominated  by 
conventions,  the  delegates  to  which  shall  be  elected  in  accord- 
ance with  the  provisions  of  this  Article  by  the  direct  vote  of 
the  registered  voters  belonging  to  the  political  party  of  which 
the  candidate  is  a  member,  and  whose  nomination  for  such  of- 
fice he  is  seeking;  the  ballots  in  such  cases  shall  contain  the 
names  of  the  candidates  for  public  office,  delegates  to  party 


OF  Tin]  STATE  OF  M.YKYT.\M>.  125 

conventions  and  managing'  bodies,  executives  or  executive 
committee,  to  be  voted  for  as  provided  in  the  aforegoing  sec- 
lions,  ii.nd  in  addition  thereto  and  in  the  same  manner  the 
names  of  all  candidates  for  State  offices,  who  have  duly  quali- 
fied to  have  their  names  placed  upon  such  ballot  in  the  man- 
ner provided  by  this  Article. 

In  case  there  are  only  two  candidates  for  any  State  office, 
then  the  one  receiving  the  highest  vote  in  any  county  or  legis- 
lative district  shall  receive  the  vote  of  the  delegates  from  such 
county  or  legislative  district  in  the  State  Convention,  and 
the  result  shall  be  so  certified  by  the  Supervisors  of  Elections 
as  hereinafter  provided. 

fn  case  there  are  more  than  two  candidates  for  anj^tate 
office,  there  shall  be  provided  on  the  ballot  two  squares,  oppo- 
site the  name  of  each  of  said  candidates,  which  sh  all 'DC-  desig- 
nated from  left  to  right  as  "First  Choice"  and  "Second 
Choice, ' '  respectively,  so  that  each  voter  may  indicat  e  hi?  first 
and  second  choice  or  preference  by  placing  a  cros-i-mark*  in 
the  appropriate  squares  as  aforesaid.  Such  cross-marks  to  be 
made  in  the  same  manner  as  other  cross-marks  for  voting  at 
primary  elections  under  this  Article  for  Baltimore  city  and 
the  several  counties  of  this  State,  respectively. 

If  the  voter  marks  the  same  candidate  for  first  choice  and 
also  for  second  choice,  then  such  ballot  shall  only  be  counted 
for  ' '  First  Choice ' '  for  said  candidate  and  shall  not  be  count- 
ed at  all  for  "Second  Choice";  if  for  second  choice  only  it 
shall  be  counted  for  first  choice. 

The  tally  sheet  for  such  candidates  for  State  offices  shall  be 
so  arranged  as  to  show  plainly  and  distinctly  how  the  indi- 
vidual voters  voting  for  any  certain  candidate  (John  Smith, 
for  instance),  indicated  their  second  choice  or  preference 
from  among  the  remaining  candidates  (for  instance,  James 
Robinson  and  Peter  Brown),  in  the  following  form  : 


126 


REGISTRATION  AND  ELECTION  LAWS 


FOR  GOVERNOR. 


First  Choice. 

Second  Choice. 

Smith  — 
11111     11111 
11111     11111 
11111     11111 
lllllteillll 
iiiimjjLLii^o 

Robinson  — 

11111     11111 
11111     11111 
11111     11111 
11111     11111=40 

Brown  — 
11111     11111=10 

,0*.;  -M  , 

•  tf  ".  i  '  ••'•>• 
RobqpQft-f 

11111    11111 
11111    11111 
11111    11111 
11111    11111 
11111=45 

Smith- 
lllll     11111 
11111     11111 
11111=25 

Brown  — 

11111     11111 
11111     11111=20 

Brown  — 

11111     11111 
11111     11111 
11111=25 

Smith- 
Hill     11111=10 

Robinson  — 

11111    11111 
11111=15 

And  the  returns  made  by  the  judges  of  election  shall  set 
forth  on  blank  forms  to  be  furnished  by  the  Supervisors  of 
Elections  the  number  of  "First  Choice"  votes  cast  for  each 
candidate,  followed  horizontally  by  a  statement  of  the  number 
of  "Second  Choice"  votes  cast  by  his  supporters  for  each  of 
the  other  candidates.  Such  tabular  statement  and  return  shall 
be  substantially  in  the  following  form,  the  names  of  candi- 
dates to  be  arranged  thereon  in  the  order  in  which  they  ap- 
pear upon  the  ballot : 


.  .Precinct  .  . 
(or  District.) 


...Ward  ... 
(or  County.) 


Party. 


OP  THE  STATE  OF  MARYLAND. 
FOR  GOVERNOR. 


127 


FIRST  CHOICE. 

SECOND  CHOICE. 

Candidates. 

A.B. 

C.D. 

E.F. 

15 
10 

G.H. 

5 
5 
3 

A.  B 

50 
40 

25 
5 

30 

C.  D  

25 
15 

3 

E    F 

7 
1 

G    H.   . 

1 

120 

If  any  candidate  shall  receive  a  majority  of  all  the  votes 
<-ast  and  counted  for  his  office  in  any  county  or  legislative  dis- 
trict for  first  choice  he  shall  be  considered  the  "First  Choice 
Candidate"  of  such  county  or  legislative  district  and  entitled 
to  the  vote  of  the  delegates  from  such  county  or  legislative  dis- 
trict on  the  first  and  subsequent  ballots  in  the  State  Conven- 
tion as  hereinafter  provided. 

And  in  such  case  the  "Second  Choice  Candidate"  of  said 
county  shall  be  determined  by  the  Supervisors  of  Elections 
as  follows: 

The  ballots  cast  for  said  "First  Choice  Candidate"  polling 
a  majority  of  all  the  votes  of  said  county  as  aforesaid  shall 
be  distributed  among  the  remaining  candidates  according  to 
the  way  the  voters  marking  the  same  have  indicated  their 
'  *  Second  Choice. ' '  That  is  by  adding  to  said  first  choice  votes 
of  each  of  said  remaining  candidates  the  second  choice  votes 
of  those  voting  for  the  candidate  polling  a  majority  over  all 
for  first  choice. 

And  if  in  such  case  none  of  said  remaining  candidates  has 
then  received  a  majority  of  all  the  votes  cast  and  counted  for 
said  office  in  said  county  or  legislative  district,  then  the  lowest 
of  said  first  choice  candidates  shall  be  dropped  from  the  can- 
vass and  the  votes  cast  for  him  for  "First  Choice"  shall  be 
distributed  among  the  candidates  still  remaining  according 
to  the  way  the  voters  marking  said  dropped  candidate  for 
"First  Choice"  have  indicated  their  "Second  Choice." 

This  process  of  dropping  the  lowest  candidate  and  distribut- 
ing his  ballots  as  marked  for  Second  Choice  among  the  re- 
maining candidates  shall  be  continued  by  the  Supervisors  at 


128  REGISTRATION  AND  ELECTION  LAWS 

the  canvass  until  one  of  them  shall  be  credited  with  a  ma- 
jority of  all  the  votes  cast  counted  for  said  office  in  said 
county  or  legislative  district  or  until  there  is  only  one  candi- 
date remaining. 

And  said  candidate  thus  receiving  the  majority  vote  of  said 
county  or  legislative  district  or  being  the  last  remaining  can- 
didate shall  be  considered  the  ''Second  Choice"  of  said  county 
or  legislative  district  and  shall  be  entitled  to  receive  the  votes 
of  said  county  or  legislative  district  in  the  State  Convention 
after  the  name  of  the  First  Choice  candidate  shall  have  been 
dropped  from  the  consideration  of  said  convention  as  herein- 
after provided. 

2nd.  In  case  no  candidate  receives  a  majority  of  all  the 
' '  First  Choice ' '  votes  cast  and  counted  in  any  county  or  legis- 
lative district,  but  only  receives  a  plurality  thereof,  then  the 
candidate  receiving  the  lowest  "First  Choice"  vote  shall  be 
dropped  at  the  canvass  and  the  ballots  tallied  for  him  for 
"First  Choice"  shall  be  distributed  among  the  remaining  can- 
didates according  to  the  way  his  said  voters  voting  for  said 
lowest  candidate  for  first  choice  have  indicated  their  ' '  Second 
Choice." 

And  the  process  of  dropping  from  the  canvass  the  lowest 
candidate  as  aforesaid  and  distributing  the  "Second  Choice" 
marked  upon  his  first  choice  ballots  among  the  remaining  can- 
didates shall  be  continued  by  the  Supervisors  of  Elections  at 
the  canvass  until  one  of  them  shall  be  credited  with  a  major- 
ity of  all  the  votes  cast  and  counted  for  said  office  in  said 
county  or  legislative  district  or  until  there  is  only  one  candi- 
date remaining. 

And  such  candidate  so  receiving  a  majority  or  being  the 
last  remaining  candidate  shall  be  "The  First  Choice"  of  said 
county  or  legislative  district,  and  shall  be  entitled  to  receive 
the  vote  of  the  delegates  from  such  county  or  legislative  dis- 
trict on  the  first  and  subsequent  ballots  in  the  State  Conven- 
tion until  his  name  is  dropped  before  such  convention  as  h<>iv- 
inafter  provided. 

And  the  Second  Choice  of  said  county  or  legislative  dis- 
trict shall  be  determined  by  distributing  the  votes  of  the 
"First  Choice"  candidate  among  the  remaining  candidates 
according  to  the  way  his  said  voters  have  indicated  their 
"Second  Choice"  or  preference.  And  if  this  does  not  give  a 
majority  of  all  the  votes  cast  and  counted  to  any  candidate, 
then  the  lowest  First  Choice  candidate  shall  be  dropped  from 
the  canvass  and  his  "Second  Choices"  distributed  among  the 
remaining  candidates  and  thus  added  to  their  ' '  First  Choice ' ' 
votes. 

And  if  necessary,  continuing  the  above  process  by  dropping 
the  lowest  candidates  and  distributing  his  votes  as  marked  for 
"Second  Choice"  among  the  remaining  candidates  until  one 
has  a  majority  of  the  votes  cast  and  counted  or  is  the  only  one 


OK  TMK  STATK  OK  MARYLAND.  129 

remaining.  And  such  one  so  having  a  majority  or  being  the 
only  one  remaining  shall  be  the  "Second  Choice"  candidate 
of  said  county,  or  legislative  district  and  shall  be  entitled  to 
receive  the  votes  of  said  county  or  legislative  district  in  the 
State  Convention  after  the  name  of  the  "First  Choice"  candi- 
date of  said  county  or  legislative  district  shall  have  been 
dropped  from  the  consideration  of  said  convention  as  herein- 
after provided. 

In  addition  thereto  the  Supervisors  of  Elections  in  Balti- 
more city  and  the  counties  of  the  State  shall  issue  to  the  dele- 
gates elected  to  each  State  convention  of  such  parties,  a  cer- 
tificate of  election,  which  certificate  shall  also  contain  the  re- 
sult of  such  primary  election  balloting  where  there  are  only 
two  candidates  and  also  as  to  the  first  and  second  choice  or 
preference  of  the  voters  of  such  party  for  the  candidates  so 
voted  upon  where  there  are  more  than  two,  and  such  certifi- 
cate shall  be  accepted  as  the  credentials  of  such  delegation  in 
such  convention  of  such  party  and  as  the  instructions  of  the 
voters  of  such  party  in  such  county  and  legislative  district  of 
Baltimore  city  as  to  how  the  votes  of  such  delegation  are  to  be 
cast,  and  duplicate  of  such  certificates  shall  be  mailed  at  once 
by  said  Supervisors  of  Elections  to  the  Chairman  of  the  State 
(Central  Committee  of  the  State  of  each  of  the  political  par- 
ties coming  within  the  provisions  of  this  Article.  Such  con- 
vention may  be  called  according  to  such  party  rules  or  usage, 
not  later  than  five  weeks  prior  to  the  election  following  -such 
primary-'  election,  and  immediately  after  such  credentials  have 
been  received  and  the  body  has  effected  a  permanent  organiza- 
tion it  shall  proceed  to  the  nomination  of  its  candidates.  The 
several  delegations  shall  be  required  to  cast  and  the  chairman 
shall  announce  the  vote  according  to  such  instructions  so  re- 
ceived by  the  several  delegations  in  the  primaries  so  held  in 
their  respective  counties  or  legislative  districts  of  Baltimore 
city,  and  if  the  result  of  such  ballot  in  such  convention  shows 
that  there  has  been  no  nomination  for  such  office  by  a  ma- 
jority vote  of  such  convention,  then  and  in  that  event  the  can- 
didate receiving  the  lowest  vote  for  such  office  shall  be  drop- 
ped from  the  balloting  by  the  convention,  and  the  delegation 
or  delegations  so  voting  for  such  candidate  whose  name  is  so 
dropped  on  the  first  ballot  shall  cast  their  vote  on  the  second 
ballot  of  such  convention  for  the  candidate  or  candidates  who 
is  or  are  the  second  choice  of  such  counties  or  legislative  dis- 
tricts of  Baltimore  city  as  appears  from  the  credentials  and 
instructions  of  such  delegations,  and  if  no  nomination  is  made 
by  such  convention  for  such  office  by  a  majority  of  the  dele- 
gates upon  such  second  ballot,  the  same  process  of  dropping 
the  last  lowest  candidate  and  transferring  the  votes  of  the 
delegations  voting  for  the  same  to  their  second  choice  as 
shown  by  their  said  instructions  shall  be  continued  until  <\ 
nomination  for  such  office  shall  have  been  made  and  declared 


1MO  UilGISTKATlON   AND  ELECTION   LAWS 

by  such  convention  by  a  majority  vote  of  the  delegates  consti- 
tuting the  same;  provided,  that  when  a  delegation  from  any 
eonnty  or  legislative  district  have  first  voted  for  their  coun- 
ty's or  legislative  districts  first  choice  until  he  has  been  drop- 
ped as  the  lowest  candidate  in  convention  and  have  subse- 
quently voted  for  their  second  choice  until  he  in  turn  lias  been 
dropped  in  the  same  way,  they  may  then  and  only  then  after 
their  first  and  second  choices  have  been  thus  dropped,  vote 
without  instructions  for  any  candidate  they  desire  among  the 
candidates  still  remaining  before  the  convention ;  if  one  or 
more  delegates  to  such  eoiiventioii  shall  be  absent  when  any 
such  ballot  is  taken,  the  member  or  members  of  such  delega- 
tion present  shall  cast  the  vote  of  the  entire  delegation  ac- 
cording to  such  instructions;  and  in  case  of  a  tie  vote  on  any 
ballot  the  chairman  of  the  convention  shall  cast  the  deciding 
vote  on  that  ballot.  All  nominations  to  be  made  by  such  con- 
ventions shall  be  made  in  like  manner  and  certified  as  re- 
quired by  this  Article.  Such  certificate  shall  also  show  that, 
in  the  nomination  of  such  candidates  for  such  offices  the  votes 
of  the  delegations  from  the  several  counties  and  legislative 
districts  of  Baltimore  city  were  cast  according  to  the  instruc- 
tions which  appear  in  the  credentials  of  each  of  such  delega- 
tions upon  each  and  every  ballot  cast  in  the  nomination  of 
such  candidate,  and  if  such  certificate  of  such  nomination  be 
not  furnished,  such  nomination  shall  be  held  to  be  defective 
and  the  name  of  such  nominee  shall  not  appear  upon  the  of- 
ficial ballot  at  the  election  to  be  held  to  fill  such  office.  The 
ballots  in  such  cases  shall  be  cast  in  Baltimore  city  and  the 
several  counties  of  the  State,  respectively,  as  provided  in  the 
preceding  sections,  and  shall  be  counted  and  canvassed  and 
the  result  of  the  election  announced  and  certified  in  Balti- 
more city  and  in  each  of  the  counties  of  the  State  as  now  pro- 
vided by  said  Article  33  for  elections  held  hereunder,  and 
said  primary  election  shall  be  held  and  conducted  and  deter- 
mined in  the  manner  and  form  provided  by  this  Article  for 
general  elections  and  subject  to  all  regulations,  requirements 
and  provisions  as  prescribed  by  this  Article  for  general  elec- 
tions, in  so  far  as  the  same  is  or  are  or  may  be  applicable  to 
said  primary  elections,  except  as  may  be  herein  otherwise 
piwided;  and  the  provisions  of  the  general  election  law  gov- 
erning election  contests  are  hereby  expressly  declared  to  be 
applicable  to  such  primary  elections.  Provided,  that  if  after 
the  expiration  of  the  time  allowed  by  this  sub-title  for  can- 
didates for  public  office,  delegates  to  conventions,  members  of 
managing  bodies,  precinct,  ward,  city  and  county  executives 
or  executive  committees  to  qualify  for  the  purpose  of  having 
their  names  placed  upon  the  official  primary  election  ballot 
in  any  legislative  district  of  Baltimore  city  or  in  any  county 
of  the  State  it  shall  appear  that  only  one  set  of  candidates  of 
any  such  political  party  have  so  qualified,  then  and  in  that 


OF  THE  STATE  OF  .MARYLAND.  131 

event,  certificates  of  nomination  or  selection  shall  be  issued 
to  the  candidates  so  qualified  in  a  similar  manner  to  that  here- 
in provided  for  successful  candidates  at  primary  elections, 
and  no  such  primary  election  shall  be  held  for  such  political 
party;  and  provided  further,  that  whenever  only  one  candi- 
date of  any  such  political  party  for  such  public  office  or  posi- 
tion has  so  qualified  to  have  his  name  so  placed  upon  the  offi- 
cial primary  election  ballot  at  the  expiration  of  the  time  al- 
lowed by  this  sub-title,  then,  and  in  that  event,  a  certificate  of 
nomination  or  selection  shall  in  like  manner  be  issued  to  him 
forthwith,  and  his  name,  and  the  name  of  the  position  for 
which  he  is  a  candidate  shall  be  omitted  from  the  said  official 
ballot,  so  that  such  official  ballot  of  such  political  party  shall 
contain  only  the  names  of  such  candidates  for  position,  offices 
or  delegates  where  there  are  qualified  contestants  for  such  po- 
sitions. Any  vacancy  which  may  exist  in  respect  to  any  office, 
delegates  to  convention,  or  position  named  in  this  sub- title 
occurring  after  the  returns  have  been  canvassed  and  finally 
announced  or  which  may  exist  by  reason  of  there  being  no 
candidate  for  the  same  in  any  such  primary  election  or  other- 
wise, shall  be  filled  as  the  rules  and  regulations  of  the  gov- 
erning bodies  for  the  respective  parties  in  the  counties,  city 
or  State  may  now  or  si i a  11  hereafter  provide. 

CHAPTER  2,  ACTS  OF  1912. 

189.  The  provisions,  all  and  singular,  from  Section  89  to 
117  of  this  Article,  both  inclusive,  and  the  offenses  defined 
and  the  penalties  and  punishments  prescribed  therefor  in  said 
sections,  respectively,  shall  be  fully  applicable  in  all  respects 
to  the  same  persons,  matters  and  omissions  in  connection  with 
or  pertaining  to  the  primary  elections  of  any  primary  elec- 
tion held  under  this  Article,  sub-title,  "Primary  Elections": 
and  said  sections  are  hereby  made  applicable  to  all  primary 
elections  provided  for  and  held  herennder:  except  the  penalty 
upon  the  vote-seller,  etc..  so  as  not  to  conflict  with  Section 
199A.  which  places  the  penalty  on  the  vote-buyer  alone,  and 
any  judge,  clerk  or  other  officer  of  any  primary  election,  or 
any  voter  or  other  person,  except  the  vote-seller  as  aforesaid. 
who  would  be  deemed  guilty  of  any  offense  against  the  (len- 
eral  Election  Law.  or  under  provision  or  provisions  thereof, 
in  a  general  election,  who  is  found  guilty  of  the  same  offense 
171  any  primary  election,  as  herein  provided  for.  shall  be 
deemed  guilty  of  the  same  crime  of  which  his  offense  is  made 
to  consist  by  and  under  the  General  Election  Law,  and  par- 
ticularly under  any  of  the  above-mentioned  sections,  respect- 
ively, thereof,  and  shall  be  lia.ble  to  the  same  punishment  or 
penalty  as  is  prescribed  \'nr  six-h  seel  ions  1  hereof:  provided, 
that  Sections  190  to  199,  of  this  Article  with  respect  to  offen- 
ses, penalties  and  punishments  under  the  Primary  Election 


132  REGISTRATION  AND  ELECTION  LAWS 

Law  shall  have  full  force  and  effect  in  all  cases  to  which  the 
same  are  applicable. 

CHAPTER  741,  ACTS  OF  1910. 

190.  Each  of  said  judges  appointed  under  this  sub-title 
shall  have  power  to  cause  the  arrest  of  anyone  violating  any 
of  the  provisions  hereof,  and  in  the  absence  of  any  person 
authorized  by  law  to  make  arrests  said  judge  may  designate 
some  person  for  that  purpose,  and  each  of  the  judges  shall  be 
conservators  of  the  peace  in  their  respective  primary  election 
polls,  at  which  they  may  act  as  such  judges,  and  may,  in  the 
manner  herein  provided,  cause  the  party  so  arrested  to  be 
committed  for  the  action  of  the  Crrand  Jury  or  a  Justice  of 
the  Peace,  as  the  case  may  be. 

CHAPTER  741,  ACTS  OF  1910. 

191.  Any   judge   or  clerk   of   such   primary   election,   or 
any  member  of  any  committee,  or  of  the  governing  body  of 
any  political  party  participating  in  primary  elections  under 
this  sub-title,  or  any  delegate  to  a  convention,  or  party  execu- 
tive, on  whom  any  duty  is  required  in  this  sub-title  to  be  per- 
formed, who  shall  be  guilty  of  any  wilful  violation  of  any 
provision  of  this  sub-title,  or  of  any  neglect  or  corrupt  prac- 
tice in  executing  the  same,  not  otherwise  provided  for  herein, 
he  or  they  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars   ($100)   nor  more 
than  five  hundred  dollars  ($500),  or  by  imprisonment  in  jail 
for  not  less  than  thirty  days,  nor  more  than  ninety  days,  or 
by  both  sucli  fine  and  imprisonment,  in  the  discretion  of  the 
( 'ourt. 

CHAPTER  741,  ACTS  OF  1910. 

192.  If  any  clerk  or  judge  of  any  such  primary  election, 
of  any  person  performing  the  duties  thereof  shall  wilfully 
keep  a  false  poll  list  or  book  of  registry  or  shall  knowingly 
insert  in  his  poll  list  or  the  book  of  registry  any  false  state- 
ment, or  name  or  statement  or  abbreviation  of  a  word  or  any 
check,  alteration  or  mark,  except  as  in  this  sub-title  provided, 
or  who  is  guilty  of  concealing,  wilfully  destroying,  mutilating, 
defacing,  falsifying  or  fraudulently  removing  or  secreting  the 
whole  or  any  part  of  any  record,  registry  of  voters,  return  or 
statement  of  votes,  poll  list  or  any  papers,  documents,  ballots, 
envelopes  or  papers  of  any  description  in  this  sub-title  direct- 
ed to  be  made,  filed  or  preserved  permanently  or  until  after 
the  votes  are  canvassed  and  the  results  finally  announced,  or 
who  shall  fraudulently  make  an  entry,  orasion  or  alteration 
therein,  except  as  allowed  and  directed  by  the  provisions  of 


OF  Tin:  STATE  OF  MARYLAND.  133 

this  sub-title  to  do,  or  who  permits  or  encourages  any  other 
person  to  do  so,  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  ($100)  and  not 
more  than  one  thousand  dollars  ($1,000),  or  by  imprisonment 
in  jail  for  not  less  than  ninety  days  and  not  more  than  two 
years,  or  by  both  such  fine  and  imprisonment,  the  informer  to 
receive  one-half  of  the  fine  collected. 

'  CHAPTER  741,  ACTS  OF  1910. 

193.  If   any   person    shall    wilfully   disobey   any   lawful 
command  of  any  judge  of  such  primary  election  given  in  the 
execution  of  his  duty  at  any  primary  election,  or  if  during 
any  primary  election  or  during  the  canvass  of  votes  cast 
thereat  or  during  any  subsequent  canvass  of  returns  shall 
cause  any  breach  of  the  peace  or  be  guilty  of  any  disorder, 
violence  or  threats  of  violence  whereby  any  such  primary 
^lection  or  canvass  shall  be  impeded  or  hindered  or  whereby 
th«'  lawful  proceedings  of  any  judge,  clerk  or  challenger  or 
watcher  or  person  designated  to  be  present  during  the  recep- 
tion or  canvass  of  any  ballots,  are  interfered  with,  any  such 
person  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  ($25)  nor  more  than  five  hundred  dollars 
($500),  or  by  both  such  fine  and  imprisonment. 

CHAPTER  741,  ACTS  OF  1910. 

194.  If  any  person  knowingly  or  wilfully  shall  obstruct, 
hinder  or  assault,  or  by  bribery,  solicitation  or  otherwise  in- 
terfere with  any  judge  or  clerk  or  challenger  at  such  primary 
election,  in  the  performance  of  any  duty  required  by  him  or 
which  he  may  by  law  be  authorized  or  permitted  to  perform, 
or  if  any  person  by  any  of  the  means  before  mentioned  or 
otherwise  unlawfully  shall,  on  any  day  of  primary  election, 
or  of  canvass  of  the  returns  of  such  primary  election,  hinder 
or  prevent  any  judge,  clerk,  challenger  and  watcher  at  any 
primary  election,  in  his  free  attendance  and  presence  at  the 
place  of  holding  such  primary  election  or  of  canvassing  the 
returns  therefrom  or  in  his  full  and  free  access  to  and  from 
any    room    where    the    same    is    held,    or    shall    molest,    in- 
terfere with,  canvassing,  any  such  judge,  clerk  or  challenger 
and  watcher,  or  shall  unlawfully  threaten  or  attempt  or  offer 
so  to  do,  every  such  person  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  imprisonment 
i»i  jail  for  not  less  than  three  months  nor  more  than  one  year, 
or  by  a  fine  of  not  less  than  twenty-five  dollars  ($25),  nor 
more  than  five  hundred  dollars  ($500),  or  by  both  fine  and 
imprisonment,  and  the  informer  shall  receive  one-half  of  the 
lint-  collected. 


134  REGISTRATION  AND  ELECTION  L.nvs 

CHAPTER  741,  ACTS  OF  1910. 

195.  If  any  person  upon  the  day  of  such  primary  elec- 
tion, or  before  the  canvass  of  the  votes  is  completed,  shall  con- 
ceal or  wilfully  break  or  destroy  any  ballot-box  used  or  in- 
tended to  be  used  at  such  primary  election,  or  shall  wilfully 
or  fraudulently  conceal,  secrete  or  remove  any  such  ballot-box 
or  the  book  of  registry  or  any  of  the  envelopes,  stubs  or  cou- 
pons or  other  paraphernalia  provided  for  holding  such  pri- 
maries from  the  custody  of  the  judge  or  judges  of  primary 
election  or  other  proper  person  in  charge  thereof,  or  shall  al- 
ter, deface,  injure  or  destroy  or  conceal  any  ballot  which  has 
been  deposited  in  any  ballot-box  at  such  primary  election 
which  has  not  been  counted  and  canvassed,  or  any  poll  list  or 
book  of  registry  used  at  such  primary  election  or  any  report, 
return,  certificate  or  any  evidence  in  this  sub-title  required, 
or  any  person  who  shall  print  or  circulate  as  an  official  ballot 
one  that  is  not  official  and  complete,  or  shall  give  out  or 
carry  away  from  the  custody  of  the  election  judges  any  offi- 
cial envelope  for  voting  otherwise  than  as  provided  by  this 
Article,  he  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  felony  and  shall  for  each  and  every  such  offense  be  pun- 
ished by  imprisonment  in  the  penitentiary  for  not  less  than 
one  nor  more  than  five  years. 

CHAPTER  741,  ACTS  OF  1910. 

196.  If  any  judge  or  clerk  of  any  such  primary  election 
shall  without  urgent  necessity  be  late  at  the  opening  of  the 
polls,  or  shall  absent  himself  therefrom  during  the  primary 
election  or  during  the  canvass  of  the  ballots  or  the  making 
up  of  the  returns,  or  shall  receive  any  vote  or  proceed  with 
the  canvass  of  ballots,  or  shall  consent  thereto,  unless  a  ma- 
jority of  the  judges  of  the  primary  election  in  said  election 
district   are   present   and   concur,   he   shall   upon    conviction 
thereof  be  adjudged  guilty  of  a  misdemeanor  and  shall  be 
punished  by  imprisonment  in  jail  for  not  less  than  ten  or 
more  than  ninety  days,  or  by  fine  of  not  less  than  ten  dollars 
("$10)  or  more  than  two  hundred  dollars  ($200),  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  Court. 

CHAPTER  741,  ACTS  OF  1910. 

197.  Whoever,    during   the   hours    of   any    such    primary 
election  or  canvass  of  votes  or  of  making  returns  thereof  in 
any  election  district,  shall  bring,  take,  order  or  send  into,  or 
shall  attempt  to  bring  or  take  or  send  into  any  place  of  such 
primary  election  any  distilled  or  spirituous  liquors,  wine,  ale 
or  beer,  or  shall  at  any  such  time  and  place,  drink  or  partake 
of  such  liquor,  shall  be  guilty  of  a  misdemeanor,  and  shall,  up- 


OK  Tin:  STATI:  OF  MARYLAND.  135 

on  conviction  thereof,  be  fined  not  less  than  ten  dollars  ($10; 
<»r  more  than  one  hundred  dollars  ($100).  It  shall  be  unlaw- 
ful for  the  keeper  of  any  hotel,  tavern,  store  or  any  other  es- 
tablishment, or  for  any  persons,  or  person,  corporation  or  cor- 
porations, directly  or  indirectly,  to  sell,  barter,  give  or  dis- 
pose of  any  spirituous  or  fermented  liquors,  ale  or  beer,  or  in- 
toxicating drinks  of  any  kind  on  the  day  of  any  such  primary 
election  hereafter  to  be  held  in  any  county  or  in  Baltimore 
city,  any  person  or  corporation  violating  the  provisions  of  this 
section  shall  be  liable  for  indictment  and  shall,  upon  convic- 
tion, be  fined  not  less  than  fifty  dollars  ($50)  or  more  than 
<>ne  hundred  dollars  ($100)  for  each  offense,  one-half  of  the 
fine  shall  be  paid  to  the  informer.  Any  person  who  shall  make 
any  bet  or  wager  upon  the  result  of  any  such  primary  election 
to  take  place  in  any  county  shall  be  liable  to  indictment  and, 
upon  conviction  thereof,  shall  be  fined  not  less  than  fifty  dol- 
lars ($50)  nor  more  than  five  hundred  dollars  ($500.) 

CHAPTER  2,  ACTS  OF  1912. 

198.  Whoever  shall  electioneer  within  one  hundred  feet 
of  any  polling  place, of  any  such  primary  election  in  any  coun- 
ty or  shall  hand  or  deliver  to  any  voter  within  one  hundred 
1'eet  of  the  election  booth  or  within  the  booth  itself  any  ballot 
i narked  or  unmarked,  except  the  unmarked  ballot  required  by 
law  to  be  handed  the  voter  by  the  primary  election  officials. 
or  who  shall  place  a  distinguishing  mark  upon  any  ballot  or 
envelope  delivered  to  for  the  use  of  any  voter  at  such  primary 
election,  or  who  shall  provide  for  or  enclose  in  any  envelope 
to  be  used  in  voting  such  ballot,  or  who  shall  endeavor  to  iii- 
"Ince  any  voter  within  the  polling  place  to  show  how  his  bal- 
lot has  been  marked,  or  who  shall  carry  away  or  attempt  to 
carry  away  from  the  polls  or  the  officials  having  custody  of 
the  same  any  said  envelope  or  envelopes,  or  who  shall  deliver 
to  any  voter  for  use  in  casting  his  ballot,  or  use  any  ballot  or 
envelope  different  from  those  provided  for  in  this  sub-title,  or 
who  sl^all  show  the  face  of  a  marked  ballot  to  any  judge,  clerk, 
officer  or  other  person  inside  of  the  polls  before  the  polls  close, 
who  shall  induce,  request,  directly  or  indirectly  agree  with  or 
enrourage  a  voter  to  keep  his  ballot  in  sight  of  any  person  or 
persons  from  the  time  at  which  its  contents  are  known  by  any 
such  person  or  persons  or  his  associate  or  associates  until  de- 
livered to  the  judge  in  the  envelope  to  be  deposited  in  the  bal- 
lot-box, shall,  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  less  than  fifty  dollars  ($50)  nor  more  than' two  hundred 
dollars  ($200),  or  by  imprisonment  in  jail  for  not  less  than 
fifteen  days  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment,  and  one-half  of  such  fine  collected  shall  be 
paid  to  the  informer. 


136  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  2,  ACTS  OF  1912. 

199.  Nothing  whatsoever  in  this  sub-title  shall  be  taken 
or  construed  to  prevent  the  application  to  the  primary  elec- 
tions held  hereunder  and  to  the  acts  of  all  persons  in  connec- 
tion with  or  relating  to  said  primary  elections  of  the  provis- 
ions, prohibitions  and  penalties  prescribed  in  Chapter  122  of 
the  Acts  of  the  General  Assembly  of  Maryland  of  1908,  and 
all  supplements  and  amendments  thereto  relating  to  corrupt 
practices  at  general  and  primary  elections  in  this  State  and 
all  the  provisions,  prohibitions  and  penalties  prescribed  in 
said  Act,  so  far  as  the  same  relate  to  primary  elections,  are 
hereby  declared  to  be  applicable  to  the  primary  elections  in 
this  sub-title  provided  for,  except  the  penalty  upon  the  vote 
seller,  etc.,  so  as  not  to  conflict  with  Section  199A  herein, 
which  places  the  penalty  upon  the  vote-buyer  alone. 

CHAPTER  2,  ACTS  OF  1912. 

199A.  If  any  person  or  corporation  shall  give  or  offer  to 
give  directly  or  indirectly  any  bribe,  present  or  reward,  or 
any  promise  or  any  security  for  the  payment  or  the  delivery 
of  money  or  any  other  thing  of  value  to  induce  any  voter  or, 
person  entitled  to  vote  at  any  primary  election  to  refrain  from 
casting  his  vote,  or  to  prevent  him  in  any  way  from  voting  or 
to  procure  a  vote  for  any  candidate  or  person  whose  name 
may  appear  upon  the  ballot  prepared  for  such  primary  elec- 
tion, or  who  by  threats,  insinuations  or  otherwise  shall  coerce 
or  attempt  to  coerce  any  voter  or  person  entitled  to  vote  from 
casting  his  vote  or  by  threats,  insinuations  or  otherwise  shall 
coerce  or  attempt  to  coerce  any  such  voter  or  person  entitled 
to  vote  in  any  primary  election,  into  voting  for  any  candidate 
or  person  whose  name  may  appear  upon  the  ballot  prepared 
for  such  primary  election,  such  person  or  corporation  so  of- 
fending in  any  particular,  shall,  upon  conviction  thereof,  be 
punished  by  imprisonment  in  the  penitentiary  for  not  less 
than  one  year  nor  more  than  three  years  and  by  a  fine  of  not 
less  than  five  hundred  dollars  nor  more  than  one  thousand 
dollars  in  the  discretion  of  the  Court,  for  each  offense;  one- 
half  of  the  fine  shall  be  paid  to  the  informer  who  may  be  the 
person  whose  vote  was  bribed  or  coerced,  etc.,  as  above  and 
upon  whom  no  penalty  is  placed  and  who  shall  not  be  subject 
to  prosecution  for  selling  or  delivering  his  vote  or  refraining 
from  voting,  and  the  other  half  to  the  State  of  Maryland. 

CHAPTER  2,  ACTS  OF  1912. 

199B.  "Within  seven  days  after  the  day  of  any  primary 
election  any  candidate  for  a  nomination  or  for  delegate  to 
any  convention  or  for  executive  or  member  of  any  committee 


'  OF  THE  STATF;  OF  MARYLAND.  1:57 

or  position  who  has  been  defeated  on  the  face  of  the  returns 
may  petition  the  Supervisors  of  Elections  of  Baltimore  city 
or  of  any  county  of  the  State  for  an  appeal  from  and  review 
of  the  action  and  decision  of  the  judges  of  election  in  counting 
ballots  and  for  a  recanvass  and  recount  of  the  ballots  cast  in 
any  or  all  of  the  precincts  of  said  county  or  city  or  ward  or 
legislative  district  or  political  division  therein  or  if  said  can- 
didate was  running  for  a  State  office  or  for  Congress  or  for 
Judge  he  may  petition  for  said  recount  in  two  or  more  coun- 
ties or  legislative  districts  or  wards  or  precincts  in  Baltimore 
city  simultaneously. 

The  Supervisors  of  Elections  of  Baltimore  city  and  of  the 
several  counties  of  the  State  are  hereby  given  jurisdiction  and 
power  to  hear  and  determine  said  appeals ;  to  review  and  cor- 
rect the  action  of  the  Judges  of  Election  in  their  respective 
jurisdiction  and  to  recanvass,  recount  and  certify  said  result 
of  said  primary  election.  And  for  all  the  purposes  of  said  re- 
view, recount,  recanvass,  etc.,  the  said  Supervisors  of  Elec- 
tions shall  act  and  be  judges  of  election  for  counting  said  bal- 
lots acting  as  such  in  the  premises  within  their  respective  geo- 
graphical jurisdictions. 

Upon  the  filing  of  said  petition  as  aforesaid  accompanied 
by  affidavits  made  by  officers  of  election  or  by  watchers,  chal- 
lengers or  by  other  persons  setting  forth  acts  of  fraud,  mis- 
take, error  or  irregularity  in  making  said  count  or  returns  by 
the  Judges  of  Election,  or  setting  forth  that  some  of  the  re- 
turns and  tally  sheets  of  said  primary  election  show  on  their 
face  ambiguity,  error,  or  fraud,  mistake  or  miscalculation  by 
the  judges  of  election,  or  if  no  such  affidavits  are  filed  with 
said  petition  and  the  petitioner  in  lieu  of  such  affidavits  offers 
to  give  and  does  give  bond,  in  amount  to  be  fixed  in  each  in- 
stance and  approved  by  a  Judge  of  the  Supreme  Bench  of 
Baltimore  city  or  of  the  Circuit  Court  for  the  county,  as  the 
case  may  be,  to  pay  the  reasonable  costs  of  said  appeal,  re- 
count, review  and  recanvass.  The  said  Supervisors  shall  in 
either  event  produce  before  them  the  ballot-boxes,  returns, 
tally  sheets  and  paraphernalia  of  said  election  and  shall  pro- 
ceed forthwith  in  a  summary  way  without  answer,  pleading  or 
technicality  and  without  requiring  any  evidence  to  be  taken 
or  proof  submitted,  to  review  the  actions  of  the  Judges  of 
Elections  and  recount  the  ballots  in  the  precincts  named  in 
said  petition  in  said  county,  city,  legislative  district,  ward  or 
other  political  division  thereof  as  the  case  may  be. 

Said  review  recount  and  recanvass  shall  be  had  with  all 
possible  expedition  and  dispatch  and  in  perference  to  all  other 
business  under  such  mode  of  procedure  as  the  Supervisors  of 
Elections  shall  prescribe  by  means  of  tellers  appointed  by 
them  on  the  recommendation  of  and  with  equal  representation 
to  the  opposing  candidates.  The  said  supervisor  to  pass  upon 
and  decide  whether  any  ballot  contested  by  the  tellers  for 


138  REGISTRATION  AND  ELECTION  LAWS 

either  side  shall  be  rejected  or  counted.  They  shall  sit  for 
said  purpose  in  the  court  room  of  the  Superior  Court  of  Bal- 
timore city  or  of  the  Circuit  Court  for  the  county,  as  the  case 
may  be,  every  day,  including  Saturdays,  at  least  from  nine 
o'clock  A.  M.  to  five  o'clock  P.  M.  with  one  hour's  intermis- 
sion for  lunch  until  said  review,  recount  and  recaiivass  is  com- 
pleted. Said  recount  shall  be  had  in  the  presence  of  the  can- 
didates or  their  representatives  and  of  the  press  and  general 
public.  Upon  the  completion  of  said  recount  and  recanvass 
the  said  Supervisors  shall  award  the  costs  of  the  same  as  fol- 
lows: 

If  the  result  in  such  county,  municipality,  legislative  dis- 
trict or  other  district  or  political  division  as  returned  by  the 
judges  of  election  is  changed  thereby  or  if  there  is  a  change 
thereby  of  two  per  cent  of  the  total  votes  recounted  the  costs 
shall  be  awarded  against  the  municipality  or  county  in  which 
said  recount  is  held.  But  if  the  result  in  such  county,  muni- 
cipality or  legislative  district  or  other  political  division  is  not 
changed  thereby  nor  two  per  cent  or  more  of  the  votes  therein 
recounted  is  found  to  have  been  erroneously  counted  then  the 
costs  shall  be  awarded  against  the  petitioner  and  his 'bond, 
if  given  as  above,  shall  be  liable  therefor. 

In  case  said  petition  only  specifies  a  part  of  the  precincts  i  1 1 
which  the  petitioner  was  voted  for  and  if  on  completion  of 
said  review  and  recount  of  such  specified  precincts  the  result 
of  the  count  of  the  judges  of  election  in  said  county,  munici- 
pality, district  or  other  political  division  is  thereby  changed, 
then  the  opposing  candidate  thus  affected  may  appeal  wit  1 1  in 
two  days  of  the  said  determination,  to  said  Supervisors  of 
Elections  from  the  action  and  decision  of  the  Judges  of  Elec- 
tion in  counting  the  ballots  in  the  remaining  precincts  of  said 
county,  municipality,  ward,  legislative  district  or  other  po- 
litical division  in  which  he  was  voted  for  and  ask  them  to  re- 
count and  recanvass  said  remaining  precincts,  which  they 
shall  immediately  proceed  to  do  and  in  each  such  case  the  cost 
of  the  completion  of  said  recount  and  recanvass  shall  be  paid 
by  the  county  or  municipality  as  the  case  may  be. 

Whenever  such  appeal  from  the  determination  and  action 
of  the  Judges  of  Election  is  held  as  aforesaid  and  completed 
the  said  Supervisors  shall  correct  the  returns  and  certificate 
of  any  canvassing  board  which  may  have  been  made  of  said 
primary  election  and  shall  give  to  the  person  so  found  to  be 
nominated  as  a  candidate  or  selected  as  a  delegate  or  member 
of  a  party  committee  or  other  position  as  the  result  of  said 
recount  a  new  certificate  of  nomination  or  election  in  con- 
formity with  the  result  of  said  recount  and  recanvass  and 
shall  certify  the  same  to  the  proper  authorities  as  said  candi- 
date's certificate  of  nomination  or  selection. 

And  the  corrected  certificate  of  nomination  or  selection 
given. as  aforesaid  as  the  result  of  such  recount  shall  sirpor- 


OF  Tin;  STATI:  OK  MAK VIAND.  1:!:' 

sede  and  stand  in  lieu  of  arid  in  place  of  any  certificate  of 
nomination  given  by  any  canvassing  board  and  shall  have  all 
the  effect  in  law  of  the  ordinary  certificate  given  by  any  can- 
vassing board  under  the  provisions  of  the  primary  laws  of 
this  State  which  it  will  thus  supersede  to  the  extent  of  the 
territory  covered  by  said  review  and  recount. 

And  upon  such  petition  and  appeal  as  is  herein  provided 
for  being  filed  before  the  completion  of  any  canvass  by  the 
ordinary  canvassing  board  of  the  State  or  of  any  county  or 
municipality  thereof  .such  board  shall  adjourn  over  and  their 
canvass  shall  be  suspended  until  the  appeal  review,  recount 
and  recanvass  herein  provided  for  shall  have  been  completed 
so  that  said  board  shall  make  their  certificate  conform  to  the 
action  and  finding  and  to  the  certificate  given  by  said  Super- 
visors of  Elections  so  sitting  as  Judges  of  Election  on  appeal. 

Nothing  in  this  section  shall  affect  or  prejudice  any  rights 
of  any  person  to  contest  the  result  of  auy  primary  election  or 
to  institute  proceedings  to  invalidate  the  same. 

Section  3.  Be  it  further  enacted.  That  all  Acts  or  parts  of 
Acts  inconsistent  with  the  provisions  of  this  Act  be  and  the 
same  are  hereby  repealed  to  the  extent  of  such  inconsistency. 

CHAPTER  741,  ACTS  OF  1910. 

200.  Nothing  in  this  sub-title  shall  be  taken  or  construed 
to  repeal  or  modify  the  provisions  of  the  existing  law  provid- 
ing for  and  regulating  the  manner  of  making  independent 
nominations  for  any  office. 

CHAPTER  249,  ACTS  OF  1910. 

201.  In  the  event  of  any  vacancy  occurring  because  of 
the  death  or  resignation  of  any  person  nominated  for  any 
State  or  judicial  office,  or  as  a  candidate  for  member  of  the 
Congress 'of  the  United  States,  under  the  provisions  of  the 
preceding  sections  of  this  Article,  beginning   with   Section 
160A,  such  vacancy  shall  be  filled  by  the  State  Central  Com- 
mittee, or  governing  body  for  the  State,  of  the  political  party 
to  which  said  nominee  belongs;  and  in  the  event  of  any  va- 
cancy occurring  because  of  the  resignation  or  death  of  any 
person  nominated  for  any  office  in  any  county  of  this  State 
under  the  provisions  of  the  aforesaid  preceding  sections  of 
this  Article,  such  vacancy  shall  be  filled  by  the  State  Central 
Committee,  or  governing  body  of  the  party  to  which  said 
nominee  belongs,  of  the  county  in  which  any  such  vacancy  oc- 
curs. 


140  REGISTRATION  AND  ELECTION  LAWS 


Miscellaneous  Acts  Relating  to  Elections. 

Senatorial  Primary  Law  and  Application  of 
Corrupt  Practices  Act  thereto. 


CHAPTER  761,  ACTS  OF  1914. 

An  Act  providing  for  the  nomination  and  election  of  Sena- 
tors from  Maryland  in  the  Senate  of  the  United  States,  and 
for  filling  vacancies  in  £aid  office  of  Senator,  and  providing 
for  the  application  of  the  Corrupt  Practices  Act  of  Maryland 
to  the  nomination  and  election  of  such  Senators,  and  to  repeal 
Chapter  400  of  the  Acts  of  the  General  Assembly  of  1908  and 
Chapter  441  of  the  Acts  of  the  General  Assembly  of  1910,  and 
all  other  laws  or  parts  of  laws  inconsistent  with  this  Act. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Man-- 
land, That  all  the  provisions  of  all  sections  of  Article  33  of 
the  Code  of  Public  General  Laws  of  Maryland,  title  "Ejec- 
tions," sub-title  "Primary  Elections, "  for  and  relating  to  the 
nomination  of  candidates  for  State  offices,  that  is  to  say,  offi- 
ces filled  by  the  vote  of  all  of  the  registered  voters  of  the  Stale 
of  Maryland,  are  hereby  extended  and  declared  to  be  appli- 
cable to  the  nomination  of  candidates  for  the  office  of  Senator 
from  Maryland  in  the  United  States  Senate,  and  all  candi- 
dates of  the  several  political  parties,  subject  to  the  provisions 
of  said  sections  of  this  Article,  for  the  office  of  Senator  afore- 
said, shall  be  nominated  in  accordance  with  the  provisions, 
and  in  all  respects  of  said  sections  in  same  manner  as  candi- 
dates for  State  offices  aforesaid  are  by  said  sections  required 
to  be  nominated;  and  the  Senators  from  Maryland  in  the  Sen- 
ate of  the  United  States  shall  be  elected  by  the  people,  that  is 
to  say,  by  the  qualified  voters  of  the  State  and  such  election  of 
said  Senators  shall  be  held  and  conducted,  canvassed,  return- 
ed, certified  and  established,  in  the  same  manner  as  the  Comp- 
troller of  the  Treasury  of  the  State  is  required  to  be  elected. 
and  as  the  election  of  the  Comptroller  is  required  to  be  held, 
conducted,  canvassed,  returned,  certified  and  established  by 
the  provisions  of  said  Article  33  and  in  accordance  in  all  re 
spects  with  said  provisions;  and  in  addition  to  the  duties  im- 
posed upon  the  Board  of  State  Canvassers  by  the  provisions 
of  said  Article  33,  they  shall  also  forward  said  returns  or  a 
summary  of  the  same,  with  a  declaration  or  certificate  of  the 
result  of  such  election  under  the  Great  Seal  of  the  State  of 


<  )F  T  m;  STATE  OF  MARY  LA  N  n.  141 

Maryland  to  the  President  of  the  Senate  of  the  United  States, 
and  shall  forthwith  comply  with  the  law  or  laws  of  the  United 
States  which  may  be  enacted  with  respect  to  the  transmission 
to  the  Senate  of  the  United  States  or  any  officer  or  officers 
thereof  of  the  returns  or  the  certificates  of  election  or  the 
credentials  or  commission  of  United  States  Senators  elected  by 
the  people  of  the  respective  States ;  and  provided  further,  that 
the  several  elections  of  United  States  Senators  from  Mary- 
land, except  in  cases  of  election  for  the  purpose  of  filling  any 
vacancy  or  vacancies  in  said  office  hereinafter  provided  for. 
shall  be  held  on  the  Tuesday  next  after  the  first  Monday  in 
November,  in  the  year  1914,  and  on  the  same  day  and  month 
in  every  sixth  year  thereafter,  and  also  on  the  Tuesday  after 
the  first  Monday  in  November  in  the  year  1916,  and  on  the  same 
day  and  month  in  every  sixth  year  thereafter;  and  except. 
and  provided  further  that  the  places  of  voting  for  said  United 
States  Senators  at  such  elections  shall  be  at  the  places  of  vot- 
ing for  members  of  the  House  of  Representatives  of  the 
United  States  throughout  the  State,  including  all  the  Con- 
gressional Districts  thereof;  and  in  the  event  of  a  vacancy  in 
said  office  of  Senator  aforesaid,  howsoever  said  vacancy  may 
arise,  the  Governor  of  the  State  shall  fill  such  vacancy  by  the 
appointment  of  a  Senator  who  shall  serve  until  the  people 
shall  fill  such  vacancy  by  the  nomination  and  election,  in  the 
manner  aforesaid,  except  as  hereinafter  provided,  of  a  Sena- 
tor to  serve  for  and  during  the  unexpired  portion  of  the  said 
term  in  which  such  vacancy  shall  have  occurred;  and  it  shall 
be  the  duty  of  the  Governor  of  the  State  within  ten  days  after 
such  vacancy  shall  have  been  made  or  become  known  to  him 
to  issue  a  proclamation  accompanied  by  a  writ  of  election  de- 
claring and  providing  that  at  the  next  ensuing  primary  elec- 
tions held  under  the  provisions  of  said  Article  33,  title  ' '  Elec- 
tions," sub-title  "Primary  Elections,"  for  the  nomination  of 
candidates  for  public  office  in  Baltimore  city  and  in  the  sev- 
eral counties  of  the  State,  candidates  for  said  unexpired  por- 
tion of  the  said » term  of  said  office  of  Senator  in  which  such 
vacancy  has  occurred,  shall  be  nominated  in  the  manner  afore- 
said, and  the  election  of  Senator  to  fill  such  unexpired  portion 
of  said  term  shall  take  place,  in  the  manner  aforesaid,  except 
as  hereinafter  provided,  at  the  next  ensuing  general  election 
for  public  officials  held  under  said  Article  33,  title  "Elec- 
tions," in  the  counties  of  the  State  and  Baltimore  city, 
whether  said  general  election  shall  be  the* Congressional  Elec- 
tion or  a  General  Election  of  Members  of  the  General  Assem- 
bly; provided,  that  if  the  said  next  ensuing  general  election 
shall  be  for  the  members  of  the  General  Assembly  then  the 
places  of  voting  in  such  Senatorial  Election  shall  be  at  the 
places  of  voting  for  delegates  to  the  General  Assembly;  pro- 
vided further,  with  respect  to  all  elections  of  United  States 
Senators  both  for  full  terms  and  to  fill  vacancies  for  unex- 


142  REGISTRATION  AND  ELECTION  LAWS 

pired  portions  of  terms  every  person  qualified  to  vote  for 
members  of  the  House  of  Delegates  shall  be  qualified  and  en- 
titled to  vote  for  United  States  Senators.  And  the  said  State 
Board  of  Canvassers  shall  meet  within  thirty  days  after  every 
such  Senatorial  Election  for  the  purpose  of  canvassing  the 
votes  therein  cast,  as  now  provided  or  as  may  hereafter  be 
provided,  by  Article  33  of  the  Code  of  Public  General  Laws 
of  Maryland,  title  "Elections,"  sub-title  "Canvassing 
Boards,"  for  the  canvass  after  every  State  election. 

Sec.  2.  And  be  it  further  enacted,  That  the  provisions  of 
the  Corrupt  Practices  Act  of  Maryland,  being  Chapter  122  of 
the  Acts  of  the  General  Assembly  of  1908,  and  the  Acts  amen- 
datory and  supplementary  thereto,  be  and  the  same  are  here- 
by extended  and  declared  to  be  and  made  applicable  to  all 
primary  elections  for  the  nomination  of  candidates  for  Sen- 
ator of  the  United  States,  and  to  the  election  of  such  Senator, 
as  hereinbefore  provided  for ;  and  in  the  event  that  any  candi- 
date for  the  nomination  for  the  office  of  Senator  from  Mary- 
land in  the  Senate  of  the  United  States,  or  any  political  com- 
mittee or  treasurer  or  political  agent  acting  for  or  on  behalf 
of  such  candidate  shall  be  found  guilty  of  corrupt  practice  un- 
der Section  173  of  Article  33  of  the  Code  of  Public  General 
Laws,  as  said  section  was  enacted  by  Chapter  228  of  the  Acts 
of  1912,  the  trial  judge  or  judges,  referred  to  in  said  section, 
shall  file  his  or  their  finding,  or,  in  case  where  a  jury  shall 
have  been  demanded  the  finding  or  verdict  of  such  jury,  with 
the  Secretary  of  State  together  with  the  transcript  of  evi- 
dence as  in  said  section  provided,  and  the  Secretary  of  State 
shall  submit  the  same,  certified  under  the  seal  of  the  State,  to 
the  President  of  the  Senate  of  the  United  States. 

Sec.  3.  And  be  it  further  enacted.  That  Chapter  400  of  the 
Acts  of  1908  and  Chapter  441  of  the  Acts  of  1910  and  all 
other  laws  or  parts  of  laws  of  the  General  Assembly  of  Mary- 
land inconsistent  with  this  Act  be  and  the  same  are  hereby 
repealed. 

Sec.  4.  And  be  it  further  enacted.  That  this  Act  shall  take 
effect  from  the  date  of  its  passage. 


AUTHORIZING  VOTING  MACHINES. 

CHAPTER  513,  ACTS  OF  1914. 

An  Act  authorizing  the  use  of  voting  machines  in  primary 
and  general  elections. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  the  Election  Supervisors  of  Baltimore  city  and  the 
Election  Supervisors  of  the  respective  counties  are  hereby 
authorized  and  empowered  to  use  voting  machines  in  primary 


or  TIJK  STATE  OF  MARYLAND.  1-1:', 

and  general  elections  under  such  rules  and  regulations  as  said 
Election  Supervisors  may  deem  advisable  or  necessary.  Aii.v 
improper,  illegal  or  fraudulent  act  on  the  part  of  election  offi  ' 
cials  or  voters,  to  be  subject  to  the  same  fines  and  penalties  as 
are  now  provided  in  the  General  Election  Laws  of  this  State, 
so  far  as  the  same  may  be  made  to  apply  to  elections  \\hcn 
voting  machines  are  used. 

Sec.  2.  Be  it  further  enacted,  That  all  elections  held 
through  the  medium  of  voting  machines  shall  have  the  same 
validity  in  law  as  elections  held  by  means  of  paper  ballots. 

Sec.  3.  Be  it  further  enacted,  That  the  Election  Supervisors 
of  Baltimore  city  and  the  Election  Supervisors  of  the  respect- 
ive counties  are  hereby  given  the  power  and  authority  to  de- 
termine what  precincts  in  said  city  and  what  precincts  in  the 
respective  counties  shall  be  first  equipped  with  voting1  ma- 
chines, and  said  Election  Supervisors  are  hereby  authorized 
to  purchase  from  time  to  time  such  machines  as  meet  their  ap- 
proval and  in  such  number  as  they  deem  advisable,  payment 
for  said  machines  to  be  paid  out  of  money  appropriated  for 
that  purpose. 


CHAPTER  75,  ACTS  OF  1898. 
Form  and  Manner  of  Administering  Oaths. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  Section  13  of  Article  1  of  the  Code  of  Public  Gen- 
eral Laws,  title  ' '  Rules  of  Interpretation, ' '  be  and  the  same  is 
hereby  repealed,  and  the  following  sections  are  hereby  added 
to  said  Article  to  follow  Section  8  and  to  be  numbered  8 A 

and  8B. 

• 

CHAPTER  75,  ACTS  OF  1898. 

8A.  The  form  of  judicial  and  all  other  oaths  to  be  taken 
or  administered  in  this  State,  and  not  prescribed  by  the  Con- 
stitution, shall  be  as  follows:  "In  the  presence  of  Almighty 
God,  I  do  solemnly  promise  or  declare, ' '  etc. '  And  it  shall  not 
be  lawful  to  add  to  any  oath  the  words,  "So  help  me  God," 
or  any  imprecatory  words  whatever. 

CHAPTER  75,  ACTS  OF  1898. 

8B.  The  manner  of  administering  oaths  shall  be  by  re- 
quiring the  person  making  the  same  to  hold  up  his  hand  in 
token  of  his  recognition  of  the  solemnity  of  the  act,  except 
cases  wherein  this  form  is  not  practicable,  or  when  it  shall  in 
those  appear  that  some  other  mode  is  more  binding  upon  the 
conscience  of  the  swearer. 


144  REGISTRATION  AND  ELECTION  LAWS 

CHAPTER  67,  ACTS  OF  1890. 
Grovernor  to  Proclaim  Results  of  Certain  Elections, 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  Section  15  of  Article  41  of  the  Code  of  Public  Gen- 
eral Laws,  title  "Governor/*  be  and  the  same  is  hereby  re- 
pealed and  re-enacted  with  an  amendment  so  as  to  read  as 
follows : 

CHAPTER  67,  ACTS  OF  1890. 

15.  The  Governor,  upon  receiving  the  returns  of  the  elec- 
tion for  electors  to  choose  a  President  and  Vice-President  of 
the  United  States  and  for  members  to  represent  this  State 
in  the  Congress  of  the  United  States,  shall  enumerate  and 
ascertain  the  number  of  votes  given  for  each  person  voted  for 
as  an  elector  and  member  of  Congress  respectively,  and  shall 
thereupon  declare  by  proclamation,  signed  by  him,  the  name 
or  names  of  the  person  or  persons  duly  elected  and  shall  cause 
such  proclamation  to  be  inserted  in  such  newspaper  as  he 
may  direct. 

CHAPTER  8,  ACTS  OF  1901. 
Political  Districts  of  Baltimore. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  Sections  657  and  211  of  the  Acts  of  1898,  Chapter 
123,  entitled  "City  of  Baltimore,"  sub-title  "Charter/'  be 
and  the  same  are  hereby  repealed ;  that  three  sections  be  and 
tkey  are  hereby  enacted  in  lieu  of  Section  657,  and  to  be 
known  as  657,  657A  and  657B,  and  that  Section  211  be  re- 
enacted  with  amendments,  all  of  which  to  read  as  follows : ' 

CHAPTER  8,  ACTS  OF  1901. 

657.  That  the  twenty-four  wards,  into  which  the  city  of 
Baltimore  is  now  divided,  shall  be  numbered  as  follows:  The 
present  first  ward  shall  in  future  be  known  and  numbered 
twenty-second  ward ;  the  present  second  ward  shall  in  future 
be  known  and  numbered  fourth  ward :  the  present  third  ward 
shall  in  future  be  known  and  numbered  fifth  ward ;  the  pres- 
ent fourth  ward  shall  in  future  be  known  and  numbered  third 
ward;  the  present  fifth  ward  shall  in  future  be  known  and 
numbered  second  ward ;  the  present  sixth  ward  shall  in  future 
be  known  and  numbered  first  ward ;  the  present  seventh  ward 
shall  in  future  be  known  and  numbered  sixth  ward ;  the  pres- 
ent eighth  ward  shall  in  future  be  known  and  numbered 
seventh  ward  ;the  present  ninth  ward  shall  in  future  be  known 
and  numbered  eighth  ward;  the  present  tenth  ward  shall  in 


o^  THE  STATE  OF  MARYLAND.  145 

future  be  known  and  numbered  tenth  ward ;  the  present 
eleventh  ward  shall  in  future  be  known  and  numbered  ninth 
ward ;  the  present  twelfth  ward  shall  in  future  be  known  and 
numbered  twelfth  ward;  the  present  thirteenth  ward  shall  in 
future  be  known  and  numbered  eleventh  ward ;  the  present 
fourteenth  ward  shall  in  future  be  known  and  numbered 
seventeenth  ward;  the  present  fifteenth  ward  shall  in  future 
he  known  and  numbered  fourteenth  ward;  the  present 
sixteenth  ward  shall  in  future  be  known  and  numbered 
thirteenth  ward;  the  present  seventeenth  ward  shall  in  future 
be  known  and  numbered  fifteenth  ward;  the  present  eigh- 
teenth ward  shall  in  future  be  known  and  numbered  sixteenth 
ward;  the  present  nineteenth  ward  shall  in  future  be  known 
and  numbered  twentieth  ward;  the  present  twentieth  ward 
shall  in  future  be  known  and  numbered  nineteenth  ward;  the 
present  twenty-first  ward  shall  in  future  be  known  and  num- 
bered eighteenth  ward;  the  present  twenty -second  ward  shall 
in  future  be  known  and  numbered  twenty-first  ward;  the 
present  twenty-third  ward  shall  in  future  be  known  and  num- 
bered twenty-third  ward ;  and  the  present  twenty-fourth  ward 
shall  in  future  be  known  and  numbered  twenty-fourth  ward. 

CHAPTER  602,  ACTS  OF  1902. 

657A.  The  First  Legislative  District  of  Baltimore  City 
shall  be  and  consist  of  the  wards  as  newly  numbered  by  the 
Act  of  1901,  Chapter  8,  from  1  to  6,  both  inclusive,  as  said 
wards  were  laid  out  under  the  provisions  of  the  Act  of  1896, 
Chapter  10,  approved  February  19,  1898;  and  the  Second 
Legislative  District  of  Baltimore  City  shall  be  and  consist  of 
the  following  wards,  as  newly  numbered  by  the  Act  of  1901, 
Chapter  8,  namely:  Seventh,  Eighth,  Ninth,  Twelfth,  Thir- 
teenth and  Fifteenth,  as  said  wards  were  laid  out  under  the 
provisions  of  the  Act  of  1898,  aforesaid,  and  the  Third  Legis- 
lative District  of  Baltimore  City  shall  be  and  consist  of  the 
following  wards,  as  newly  numbered  by  the  Act  of  1901,  Chap- 
ter 8,  namely :  Tenth,  Eleventh,  Fourteenth,  Sixteenth,  Nine- 
teenth and  Twentieth,  as  said  wards  were  laid  out  under  the 
provisions  of  the  Act  of  1898,  aforesaid ;  and  the  Fourth  Legis- 
lative. District  of  Baltimore  City  shall  be  and  consist  of  the 
following  wards,  as  newly  numbered  by  the  Act  of  1901, 
Chapter  8,  namely:  Seventeenth,  Eighteenth,  Twenty -first, 
Twenty-second,  Twenty-third  and  Twenty-fourth,  as  said 
wards  were  laid  out  under  the  provisions  of  the  Act  of  1898, 
aforesaid. 

CHAPTER  602,  ACTS  OF  1902. 

657B.  The  First  Councihnanic  District  shall  be  and  consist 
of  the  wards  as  newly  numbered  by  this  Act  from  one  to  six, 


146  REGISTRATION  AND  ELECTION  LAWS 

both  inclusive,  as  said  wards  were  laid  out  under  the  pro- 
visions of  the  Act  of  1898,  aforesaid ;  that  the  Second  Council- 
manic  District  shall  be  and  consist  of  the  following  wards,  as 
newly  numbered  by  this  Act,  namely:  Seventh,  Eighth, 
Ninth,  Twelfth,  Thirteenth  and  Fifteenth,  as  said  wards  were 
laid  out  under  the  provisions  of  the  Act  of  1898,  aforesaid : 
that  the  Third  Councilmanic  District  shall  be  and  consist  of 
the  following  wards  as  newly  numbered  by  this  Act,  namely  : 
Tenth,  Eleventh,  Fourteenth,  Sixteenth,  Nineteenth  and 
Twentieth,  as  said  wards  were  laid  out  under  the  provisions  of 
the  Act  of  1898,  aforesaid;  that  the  Fourth  Councilmanic 
District  shall  be  and  consist  of  the  following  wards,  as  newly 
numbered  by  this  Act.  Seventeenth,  Eighteenth,  Twenty-first. 
Twenty-second,  Twenty-third  and  Twenty-fourth,  as  said 
wards  were  laid  out  under  the  provisions  of  the  Act  of  1898, 
aforesaid. 

CHAPTER  602,  ACTS  OF  1902. 

211.  The  Second  Branch  shall  consist  of  nine  members,  one 
of  whom  shall  be  president  thereof,  and  shall  possess  the  quali- 
fications and  be  elected  as  hereinafter  provided.  The  other 
eight  members  shall  be  elected  from  four  Councilmanic  Dis- 
tricts, two  from  each  district;  said  district  to  be  established 
and  fixed  as  herein  defined  by  this  Act.  The  members  of  the 
Second  Branch,  excepting  the  president  thereof,  shall  be  citi- 
zens of  the  United  States,  above  the  age  of  twenty-five  years, 
residents  of  the  city  of  Baltimore  four  years  prior  to  the 
election,  each  of  whom  has  been  assessed  with  property  in  said 
city  in  the  sum  of  five  hundred  dollars,  and  who  has  paid  taxes 
on  the  same  for  two  years  prior  to  his  election ;  and  the  said 
members  of  the  Second  Branch  shall  hold  their  offices  for  four 
years,  except  as  provided  in  Section  213  of  this  Article. 
and  each  of  them  shall  be  paid  a  salary  of  one  thousand  dol- 
lars per  annum,  payable  monthly. 


OF  THE  STATE  OF  MARYLAND.  147 


EXTRACTS 


FROM  THE  BILL  OF  RIGHTS  AND  THE  CONSTITU 

TION  OF  MARYLAND  APPLICABLE  TO 

ELECTIONS. 


BILL  OF  RIGHTS. 

ARTICLE  7. 

That  the  right  of  the  people  to  participate  in  the  Legisla- 
ture is  the  best  security  of  liberty  and  the  foundation  of  all 
free  government,  for  this  purpose  elections  ought  to  be  free 
and  frequent;  and  every  male  citizen,  having  the  qualifica- 
tions prescribed  by  the  Constitution,  ought  to  have  the  right 
of  suffrage 

CONSTITUTION. 

ARTICLE  I. 
ELECTIVE  FRANCHISE. 

Section  1.  All  elections  shall  be  by  ballot,  and  every  male 
citizen  of  the  United  States,  of  the  age  of  twenty-one  years 
and  upwards,  who  has  been  a  resident  of  the  State  for  one 
year,  and  of  the  Legislative  district  of  Baltimore  city,  or  of 
the  county  in  which  he  may  offer  to  vote,  for  six  months  next 
preceding  the  election,  shall  be  entitled  to  vote,  in  the  ward 
or  election  district  in  which  he  resides,  at  all  elections  here- 
after to  be  held  in  this  State;  and  in  case  any  county  or  city 
shall  be  so  divided  as  to  form  portions  of  different  electoral 
districts,  for  the  election  of  Representatives  in  Congress.  Sen- 
ators, Delegates  or  other  officers,  then  to  entitle  a  person  to 
vote  for  such  offices,  he  must  have  been  a  resident  of  that 
part  of  the  county  or  city,  which  shall  form  a  part  of  the 
»>l(M'toral  district  in  which  he  offers  to  vote,  for  six  months 
next  preceding  the  election,  but  a  person,  who  shall  have  ac- 
quired a  residence  in  such  county  or  city,  entitling  him  to 
vote  at  any  such  election,  shall  be  entitled  to  vote  in  the  elec- 
tion district  from  which  he  removed,  until  he  shall  have  ac- 
quired a  residence  in  the  part  of  the  county  or  city  to  which 
he  has  removed. 


148  REGISTRATION  AND  ELECTION  LAWS 

Sec.  2.  No  person  above  the  age  of  twenty-one  years,  con- 
victed of  larceny  or  other  infamous  crime,  unless  pardoned 
by  the  Governor,  shall  ever  thereafter  be  entitled  to  vote  at 
any  election  in  this  State;  and  no  person  under  guardian- 
ship as  a  lunatic,  or  a  person  non  compos  mentis,  shall  hi- 
entitled  to  vote. 

Sec.  3.  If  any  persons  shall  give  or  offer  to  give,  directly 
or  indirectly,  any  bribe,  present,  or  reward,  or  any  promise. 
or  any  other  thing,  to  induce  any  voter  to  refrain  from  cast- 
ing his  vote,  or  to  prevent  him  in  any  way  from  voting,  or  t:> 
procure  a  vote  for  any  candidate  or  persons  proposed,  or 
voted  for,  as  elector  of  President  and  Viee-President  of  the 
United  States,  or  Representative  in  Congress,  or  for  any  of- 
fice of  profit  or  trust,  created  by  the  Constitution  or  laws  of 
this  State,  or  by  the  ordinances,  or  authority  of  the  Mayor 
and  City  Council  of  Baltimore,  the  person  giving  or  offering 
to  give,  and  the  person  receiving  the  same,  and  any  person 
who  gives,  or  causes  to  be  given,  an  illegal  vote,  knowing  it 
to  be  such,  at  any  election  to  be  hereafter  held  in  this  State. 
shall,  on  conviction  in  a  court  of  law,  in  addition  to  the  pen- 
alty now  or  hereafter  to  be  imposed  by  law,  be  forever  dis- 
qualified to  hold  any  office  of  profit  or  trust,  or  to  vote  at  any 
election  thereafter 

Sec.  4.  It  shall  be  the  duty  of  the  General  Assembly  to 
pass  laws  to  punish,  with  fine  and  imprisonment,  any  person 
who  shall  remove  into  any  election  district  or  precinct  of  any 
ward  of  the  city  of  Baltimore,  not  for  the  purpose  of  acquir- 
ing a  bona  fide  residence  therein,  but  for  the  purpose  of  vot- 
ing at  an  approaching  election,  or  who  shall  vote  in  any  elec- 
tion district  or  ward  in  which  he  does  not  reside  (except  in 
the  case  provided  for  in  this  Article)  or  shall,  at  the  same 
election,  vote  in  more  than  one  election  district,  or  precinct, 
or  shall  vote  or  offer  to  vote  in  any  name  not  his  own,  or  in 
place  of  any  other  person  of  the  same  name,  or  shall  vote  in 
any  county  in  which  he  does  not  reside. 

Sec.  5.  The  General  Assembly  shall  provide  by  law  for  a 
uniform  registration  of  the  names  of  all  voters  in  this  State 
wko  possess  the  qualifications  prescribed  in  this  Article,  which 
registration  shall  be  conclusive  evidence  to  the  judges  of  elec- 
tion to  the  right  of  every  person  thus  registered  to  vote  at 
any  election  thereafter  held  in  this  State,  but  no  person  shall 
vote  at  any  election.  Federal  or  State,  hereafter  to  be  held  in 
this  State,  at  any  municipal  election,  in  the  city  of  Baltimore, 
unless  his  name  appears  in  the  list  of  registered  voters,  and 
until  the  General  Assembly  shall  hereafter  pass  an  Act  for  'Hi.- 
registration  of  the  names  of  voters,  the  law  in  force  on  the 
first  day  of  June,  in  the  year  eighteen  hundred  and  sixty- 
seven,  in  reference  thereto,  shall  be  continued  in  force,  except 
so  far  as  it  may  be  inconsistent  with  the  provisions  of  this 
Constitution;  and  the  registry  of  voters,  made  in  pursuance 


OF  THE  STATE  OP  MARYLAND.  149 

thereof,  may  be  corrected,  as  provided  iii  said  law;  but  the 
names  of  all  persons  shall  be  added  to  the  list  of  qualified 
voters  by  the  officers  of  registration,  who  have  the  qualifica 
tions  prescribed  in  the  first  section  of  this  Article,  and  who 
are  not  disqualified  under  the  provisions  of  the  second  and 
third  sections  thereof. 

Sec.  6.  Every  person  elected  or  appointed  to  any  office  of 
profit  or  trust,  under  this  Constitution,  or  under  the  laws 
made  pursuant  thereto,  shall  before  he  enter  upon  the  dutit^ 
of  such  office,  take  and  subscribe  the  following  oath  or  affirma- 
tion :  I,  ,  do  swear  (or  affirm,  as  the  case 

may  be)  that  1  will  support  the  Constitution  of  the  United 
States,  and  that  I  will  be  faithful  and  bear  true  allegiance  to 
the  State  of  Maryland,  and  support  the  Constitution  and 
laws  thereof;  and  that  I  will,  to  the  best  of  my  skill  and 
judgment,  diligently  and  faithfully,  without  partiality  or 

prejudice,  execute  the  office  of according  to  the 

Constitution  and  laws  of  this  State  (and  if  Governor,  Senator, 
Member  of  the  House  of  Delegates  or  Judfff )  that  I  will  not, 
directly  or  indirectly,  receive  the  profits,  or  any  parts  of  the 
profits,  of  any  other  office  during  the  term  of  my  act- 
ing as 

Sec.  7.  Every  person  hereafter  elected  or  appointed  to 
office  in  this  State,  who  shall  refuse  or  neglect  to  take  the  oath 
or  affirmation  of  office  provided  for  in  the  sixth  section  of 
this  Article,  shall  be  considered  as  having  refused  to  accept 
the  said  office;  and  a  new  election  or  appointment  shall  be 
made,  as  in  case  of  refusal  to  accept,  or  resignation  of  an 
office;  and  any  person  violating  said  oath,  shall,  on  conviction 
thereof,  in  a  court  of  law,  in  addition  to  the  penalties  now  or 
hereafter  to  be  imposed  by  law,  be  thereafter  incapable  of 
holding  any  office  of  profit  or  trust  in  this  State. 

ARTICLE  n. 

Section  2.  An  election  for  Governor,  under  this  Constitu- 
tion, shall  be  held  on  the  Tuesday  next  aftei'  the  first  Monday 
in  November,  in  the  year  eighteen  hundred  and  sixty-seven. 
and  on  the  same  day  and  month  of  every  fourth  year  there 
after,  at  the  places  of  voting  for  Delegates  to  the  General 
Assembly,  and  every  person  qualified  to  vote  for  Delegates 
shall  be  qualified  and  entitled  to  vote  for  Governor;  the  elec- 
tion to  be  held  in  the  same  manner  as  the  election  of  Delegates, 
and  the  returns  thereof  under  seal  to  be  addressed  to  the 
Speaker  of  the  House  of  Delegates,  and  inclosed  and  trans- 
mitted to  the  Secretary  of  State,  and  delivered  to  said 
Speaker,  at  the  commencement  of  the  session  of  the  General 
Assembly  next  ensuing  said  election. 

Sec.  3.  The  Speaker  of  the  House  of  Delegates  shall  then 
open  the  said  returns  in  the  presence  of  both  Houses  and  the 


K>0  REGISTRATION  AND /ELECTION  LAWS 

person  having  the  highest  number  of  votes,  and  being  con- 
stitutionally eligible,  shall  be  the  Governor,  and  shall  qualify, 
in  the  manner  herein  prescribed,  on  the  second  Wednesday 
of  January  next  ensuing  his  election,  or  as  soon  thereafter 
as  may  be  practicable. 

Sec.  4.  If  two  or  more  persons  shall  have  the  highest  and 
an  equal  number  of  votes  for  Governor,  one  of  them  shall  be 
chosen  Governor  by  the  Senate  and  House  of  Delegates;  a;id 
all  questions  in  relation  to  the  eligibility  of  Governor,  and  to 
the  returns  of  said  election,  and  to  the  number  and  legality 
of  votes  therein  given,  shall  be  determined  by  the  House  of 
Delegates;  and  if  the  person  or  persons  having  the  highest 
number  of  votes  be  ineligible,  the  Governor  shall  be  chosen 
by  the  Senate  and  House  of  Delegates.  Every  election  of 
Governor  by  the  General  Assembly  shall  be  determined  by  a 
.joint  majority  of  the  Senate  and  House  of  Delegates,  and  the 
vote  shall  be  taken  viva  voce.  But  if  two  or  more  persons 
shall  have  the  highest  and  an  equal  number  of  votes,  then  a 
second  vote  shall  be  taken,  which  shall  be  confined  to  the  per- 
sons having  an  equal  number ;  and  if  the  vote  should  again  be 
equal,  then  the  election  of  Governor  shall  be  determined  by 
lot  between  those  who  shall  have  the  highest  and  an  equal 
number  on  the  first  vote. 

Sec.  5.  A  person  to  be  eligible  to  the  office  of  Governor 
must  have  attained  the  age  of  thirty  years,  and  must  have 
been  for  ten  years  a  citizen  of  the  State  of  Maryland,  and  for 
five  years  next  preceding  his  election  a  resident  of  the  State, 
and,  at  the  time  of  his  election,  a  qualified  voter  therein. 

ARTICLE  III. 

Section  2.  The  city  of  Baltimore  shall  be  divided  into  four 
legislative  districts,  as  near  as  may  be,  of  equal  population 
and  of  contiguous  territory,  and  each  of  said  legislative  dis- 
tricts of  Baltimore  city,  as  they  may- from  time  to  time  be 
laid  out,  in  accordance  with  the  provisions  hereof,  and  each 
county  in  the  State  shall  be  entitled  to  one  Senator,  who  shall 
be  elected  by  the  qualified  voters  of  the  said  legislative  dis- 
tricts of  Baltimore  city,  and  of  the  counties  of  the  State,  re- 
spectively, and  shall  serve  for  four  years  from  the  date  of 
his  election,  subject  to  the  classification  of  Senators  hereafter 
provided  for. 

Sec.  4.  As  soon  as  may  be  after  taking  and  publishing  of 
the  next  national  census,  or  after  the  enumeration  of  the 
population  of  this  State,  under  the  authority  thereof,  there 
shall  be  an  apportionment  or  representation  in  the  House  of 
Delegates,  to  be  made  on  the  following  basis,  to  wit :  Each  of 
the  several  counties  of  the  State  having  a  population  of  eigh- 
teen thousand  souls,  or  less,  shall  be  entitled  to  two  Delegates ; 
and  every  county  having  a  population  of  over  eighteen  thous- 


OF  TJJK   ST.ITI-;   OF   M.\KYLAX]>.  351 

and,  and  less  than  twenty-eight  thousand  souls,  shall  be  en- 
titled to  three  Delegates;  and  every  county  having  a  popula- 
tion of  twenty-eight  thousand,  and  less  than  forty  thousand 
souls,  shall  be  entitled  to  four  Delegates ;  and  every  county 
having  a  population  of  forty  thousand,  and  less  than  fifty-five 
thousand  souls,  shall  be  entitled  to  five  Delegates;  and  every 
county  having  a  population  of  fifty-five  thousand  souls  and 
upwards  shall  be  entitled  to  six  Delegates,  and  no  more ;  and 
each  of  the  four  Legislative  Districts  of  Baltimore  City  shall 
be  entitled  to  the  number  of  Delegates  to  which  the  largest 
county  shall  or  may  be  entitled,  under  the  foregoing  appor- 
tionment. And  the  General  Assembly  shall  have  power  to 
provide  by  law,  from  time  to  time,  for  altering  and  changing 
the  boundaries  of  the  existing  Legislative  Districts  of  the  city 
of  Baltimore,  so  as  to  make  them,  as  near  as  may  be,  of  equal 
population ;  but  each  district  shall  always  consist  of  contig- 
uous territory. 

Sec.  5.  Immediately  after  the  taking  and  publishing  of  the 
next  national  census,  or  after  any  State  enumeration  of  popu- 
lation, as  aforesaid,  it  shall  be  the  duty  of  the  Governor,  then 
being,  to  arrange  the  representation  in  said  House  of  Dele- 
gates in  accordance  with  the  apportionment  herein  provided 
for :  and  to  declare  by  proclamation,  the  number  of  Delegates 
to  which  each  county  and  the  city  of  Baltimore  may  be  en- 
titled under  such  apportionment ;  and  after  every  national 
census  taken  thereafter,  or  after  any  State  enumeration  of 
population  thereafter  made,  it  shall  be  the  duty  of  the  Gov- 
ernor, for  the  time  being,  to  make  similar  adjustment  of  rep- 
resentation, and  to  declare  the  same  by  proclamation,  as 
aforesaid. 

Sec.  6.     The  members  of  the  House  of  Delegates  shall  be 
,  elected  by  the  qualified  voters  of  the  counties  and  the  Legisla- 
tive Districts  of  Baltimore  City,  respectively,  to  serve  for  two 
years  from  the  day  of  their  election. 

Sec.  7.  The  first  election  for  Senators  and  Delegates  shall 
take  place  on  the  Tuesday  next  after  the  first  Monday  in  the 
month  of  November,  eighteen  hundred  and  sixty-seven;  and 
the  election  for  Delegates  and  as  nearly  as  practicable,  for 
one-half  of  the  Senators,  shall  be  held  on  the  same  day,  in 
every  second  year  thereafter. 

Sec.  8.  Immediately  after  the  Senate  shall  have  convened, 
after  the  first  election  under  this  Constitution,  the  Senators 
shall  be  divided  by  lot  into  two  classes,  as  nearly  equal  in 
number  as  may  be.  Senators  of  the  first  class  shall  go  out  of 
office  at  the  expiration  of  two  years,  and  Senators  shall  be 
elected  on  the  Tuesday  next  after  the  first  Monday  in  the 
month  of  November,  eighteen  hundred  and  sixty-nine  for  the 
term  of  four  years,  to  supply  their  places;  so  that,  after  the 
first  election,  one-half  of  the  Senators  may  be  chosen  every 
second  year.  In  case  the  number  of  Senators  be  hereinafter 


l-)2  REGISTRATION  AND  ELECTION  LAWS 

increased,  such  classification  of  the  additional  Senators  shall 
be  made  as  to  preserve,  as  nearly  as  may,  an  equal  number  in 
each  class. 

Sec.  9.  No  person  shall  be  eligible  as  a  Senator  or  Delegate 
who.  at  the  time  of  his  election,  is  not  a  citizen  of  the  State 
of  Maryland,  and  who  has  not  resided  therein  for  at  least 
three  years  preceding  the  day  of  his  election,  and  the  last  year 
thereof,  in  the  county,  or  in  the  Legislative  District  of  Balti- 
more city,  which  he  may  be  chosen  to  represent,  if  such  county 
or  Legislative  District  of  said  city  shall  have  been  so  long 
established ;  and  if  not,  then  in  the  county  or  city  from  which, 
in  whole  or  in  part,  the  same  may  have  been  formed:  nor 
shall  any  person  be  eligible  as  a  Senator  unless  he  shall  havr 
attained  the  age  of  twenty-five  years,  nor  as  a  Delegate  unless 
he  shall  have  attained  the  age  of  twenty-one  years,  at  the  time 
of  his  election. 

Sec.  10.  No  member  of  Congress,  or  person  holding  any 
civil  or  military  office  under  the  United  States,  shall  be  eligi- 
ble as  Senator  or  Delegate ;  and  if  any  person  shall,  after  his 
election  as  Senator  or  Delegate,  be  elected  to  Congress,  or  be 
appointed  to  any  office,  civil  or  military,  under  the  Govern- 
ment of  the  United  States,  his  acceptance  thereof  shall  vacate 
his  seat. 

Sec.  11.  No  minister  or  preacher  of  the  Gospel  or  of  any 
religious  creed  or  denomination,  and  no  person  holding  any 
civil  office  of  profit  or  trust  under  this  State,  except  justices 
bf  the  peace,  shall  be  eligible  as  Senator  or  Delegate. 

Sec.  12.  No  collector,  receiver,  or  holder  of  public  money 
shall  be  eligible  as  Senator  or  Delegate,  or  to  any  office  of 
profit  or  trust  under  this  State,  until  he  shall  have  accounted 
for  and  paid  into  the  treasury  all  sums  on  the  books  thereof 
charged  to  and  due  by  him. 

Sec.  13.  In  case  of  death,  disqualification,  resignation,  re- 
fusal to  act,  expulsion,  or  removal  from  the  county  or  city  for 
which  he  shall  liave  been  elected,  or  any  person  who  shall  have 
been  chosen  as  a  Delegate  or  Senator,  or  in  case  of  a  tie  be- 
tween two  or  more  of  such  qualified  persons,  a  warrant  of 
election  shall  be  issued  by  the  Speaker  of  the  House  of  Dele- 
gates, or  President  of  the  Senate,  as  the  case  may  be,  for  the 
election  of  another  person  in  his  place,  of  which  election  not 
less  than  ten  days'  notice  shall  be  given,  exclusive  of  the  day 
of  the  publication  of  the  notice  and  of  the  day  of  election : 
and  if  during  the  recess  of  the  Legislature,  and  more  than 
ten  days  before  its  termination,  such  death  shall  occur  or  such 
resignation,  refusal  to  act  or  disqualification  be  communicated 
in  writing  to  the  Governor  by  the  person  so  resigning,  refus- 
ing or  disqualified,  it  shall  be  the  duty  of  the  Governor  to 
issue  a  warrant  of  election  to  supply  the  vacancy  thus  created, 
in  the  same  manner  the  said  Speaker  or  President  might  have 
done  during  the  session  of  the  General  Assembly;  provided, 


OF  TNI;  STATJ:  OK  M  VKVLAND.  1.~>3 

however,  that  unless  a  meeting  of  the  General  Assembly  may 
intervene,  the  election  thus  ordered  to  fill  such  vacancy  shall 
be  held  on  the  day  of  the  ensuing  election  for  Delegates  and 
Senators. 

See.  19.  Each  House  shall  be  judge  of  the  qualifications 
ami  elections  of  its  members,  as  prescribed  by  the  Constitu- 
tion. 

Sec.  41.  Any  citizen  of  this  State,  who  shall,  after  the 
adoption  of  this  Constitution,  either  in  or  out  of  this  State, 
fight  a  duel  with  deadly  weapons,  or  send  or  accept  a  chal- 
lenge so  to  do,  or  who  shall  act  as  a  second,  or  knowingly  aid 
or  assist  in  any  manner  those  offending,  shall  ever  thereafter 
be  incapable  of  holding' any  office  of  profit  or  trust  under  this 
State,  unless  relieved  from  the  disability  by  an  Act  of  the 
Legislature. 

Sec.  42.  The  General  Assembly  shall  pass  all  laws  neces- 
sary for  the  preservation  of  the  purity  of  elections. 

Sec.  47.  The  General  Assembly  shall  make  provisions  for 
all  cases  of  contested  elections  of  any  of  the  officers  not  herein 
provided  for. 

Sec.  49.  The  General  Assembly  shall  have  power  to  regu- 
late by  law  not  inconsistent  with  this  Constitution,  all  mat- 
ters which  relate  to  the  judges  of  election,  time,  place  and 
manner  of  holding  elections  in  this  State,  and  oF  making  re- 
turns thereof. 

ARTICLE  IV. 

Sec.  2.  The  judges  of  all  the  said  courts  shall  be  citizens 
of  the  State  of  Maryland,  ami  qualified  voters  under  this 
Constitution,  and  shall  have  resided  therein  not  less  than  five 
years,  and  not  less  than  six  months  next  preceding  their 
election  or  appointment  in  the  judicial  circuit,  as  the  case 
may  be,  for  which  they  may  be  respectively  elected  or  ap- 
pointed. They  shall  be  not  less  than  thirty  years  of  age  at 
the  time  of  their  election  or  appointment,  and  shall  be  select- 
ed from  those  who  have  been  admitted  to  practice  law  in  this 
State,  and  who  are  most  distinguished  for  integrity,  wisdom 
and  sound  legal  knowledge. 

Sec.  3.  The  judges  of  the  said  several  courts  shall  be  elect- 
ed in  the  counties  by  the  Qualified  voters  in  their  respective 
judicial  circuits,  as  hereinafter  provided,  at  the  general  elec- 
tion to  be  held  on  the  Tuesday  after  the  first  Monday  in  No- 
vember next.,  and  in  the  city  of  Baltimore  on  the  fourth  Wed- 
nesday of  October  next.  Each  of  the  said  judges  shall  hold 
his  office  for  the  term  of  fifteen  years  from  the  time  of  his 
election,  and  until  his  successor  is  elected  and  qualified,  or 
until  he  shall  have  attained  the  age  of  seventy  years,  which- 
ever may  first  happen,  and  be  re-eligible  thereto  until  he  shall 
have  attained  the  age  of  seventy  years,  and  not  after;  but  in 
-;»s"  of  any  judge  who  shall  attain  the  age  of  seventy  years 


l")-i  REGISTRATION  AND  ELECTION  LAWS 

while  in  office  such  judge  may  be  continued  in  office  by  the 
General  Assembly  for  such  further  time  as  they  may  think 
fit,  not  to  exceed  the  term  for  which  he  was  elected,  by  a  reso- 
lution to  be  passed  at  the  session  next  preceding  his  attain- 
ing said  age. 

Sec.  5.  After  the  election  for  judges  as  hereinbefore  pro- 
vided, there  shall  be  held  in  this  State,  in  every  fifteenth  year 
thereafter,  on  the  Tuesday  after  the  first  Monday  in  Novem- 
ber of  such  year,  an  election  for  judges  as  herein  provided, 
and  in  case  of  death,  resignation,  removal  or  disqualification 
by  reason  of  age  or  otherwise  of  any  judge,  the  Governor 
shall  appoint  a  person  duly  qualified  to  fill  said  office,  who- 
shall  hold  the  same  until  the  next  general  election  for  mem- 
bers of  the  General  Assembly,  'when  a  successor  shall  be 
elected,  whose  term  of  office  shall  be  the  same  as  hereinbefore 
provided ;  and  upon  the  expiration  of  the  term  of  fifteen  years 
which  any  judge  may  be  elected  to  fill  a  vacancy,  an  election 
for  his  successor  shall  take  place  at  the  next  general  election 
for  members  of  the  General  Assembly  to  occur  upon  or  after 
the  expiration  of  said  term,  and  the  Governor  shall  appoint 
a  person  duly  qualified  to  hold  said  office  from  the  expiration 
of  said  term  of  fifteen  years  until  the  election  and  qualifica- 
tion of  his  successor. 

Sec.  11.  The  election  for  judges  hereinbefore  provided, 
«-uid  all  elections  for  clerks,  registers  of  wills  and  other  officers 
provided  in  this  Constitution,  except  State's  Attorney,  shall 
be  certified  and  the  returns  made  by  the  clerks  of  the  Circuit 
Courts  for  the  counties,  and  the  clerk  of  the  Superior  Court 
of  Baltimore  City,  respectively,  to  the  Governor,  who  shall 
issue  commissions  to  the  different  persons  for  the  offices  to 
which  they  have  been,  respectively,  elected;  and  in  all  such 
elections  the  persons  having  the  .greatest  number  of  votes 
shall  be  declared  to  be  elected. 

Sec.  12.  If  in  any  case  of  election  for  judges,  clerks  of  the 
courts  of  law,  registers  of  wills,  the  opposing  candidates  shall 
have  an  equal  number  of  votes,  it  shall  be  the  duty  of  the 
Governor  to  order  a  new  election ;  and  in  case  of  any  contested 
election,  the  Governor  shall  send  the  returns  to  the  House  of 
Delegates,  which  shall  judge  of  the  election  and  qualification 
of  the  candidates  at  such  election ;  and  if  the  judgment  shall 
be  against  the  one  who  has  been  returned  elected,  or  the  one 
who  has  been  commissioned  by  the  Governor,  the  House  of 
Delegates  shall  order  a  new  election  within  thirty  days. 

Sec.  17.  There  shall  be  a  Clerk  of  the  Court  of  Appeals, 
who  shall  be  elected  by  the  legal  and  qualified  voters  of  the 
State,  who  shall  hold  his  office  for  six  years,  and  until  his  suc- 
cessor is  duly  qualified ;  he  shall  be  subject  to  removal  by  said 
court  for  incompetency,  neglect  of  duty,  misdemeanor  in 
office,  or  such  other  cause,  or  causes,  as  may  be  prescribed  by 
law:  and  in  case  of  a  vacancy  in  the  office  of  said  clerk  the 


OF  TIII-:  STATE  OF  MARYLAND.  155 

Court  of  Appeals  shall  appoint  a  clerk  of  said  court,  who  shall 
hold  his  office  until  the  election  and  qualification  of  his  suc- 
cessor, who  shall  be  elected  at  the  next  general  election  for 
members  of  the  General  Assembly;  and  the  person  so  elected 
shall  hold  his  office  for  the  term  of  six  years  from  the  time  of 
his  election. 

Sec.  19.  The  State  shall  be  divided  into  eight  judicial  cir- 
cuits in  manner  following,  viz:  The  counties  of  Worcester, 
Somerset,  Dorchester  and  Wicomico  shall  constitute  the  first 
circuit;  the  counties  of  Caroline,  Talbot,  Queen  Anne's,  Kent 
.•Hid  Cecil,  the  second;  the  counties  of  Baltimore  and  Harford, 
the  third;  the  counties  of  Allegany,  Washington  and  Garrett, 
the  fourth;  the  counties  of  Carroll,  Howard  and  Anne  Arun- 
del,  the  fifth ;  the  counties  of  Montgomery  and  Frederick,  the 
sixth,  the  counties  of  Prince  George's,  Charles,  Calvert  and 
St.  Mary's,  the  seventh,  and  Baltimore  city,  the  eighth. 

Sec.  21.  For  each  of  said  circuits  (except  the  eighth)  there 
shall  be  a  chief  judge  and  two  associate  judges,  to  be  styled 
Judges  of  the  Circuit  Court,  to  bo  elected  or  appointed,  as 
herein  provided.  And  no  two  said  associate  judges  shall,  at 
the  time  of  their  election  or  appointment  or  during  the  term 
for  which  they  may  have  been  elected,  or  appointed,  reside  in 
the  same  county.  If  two  or  more  persons  shall  be  candidates 
for  associate  judge  in  the  same  county,  thai  one  only  in  said 
county  shall  be  declared  elected  who  has  the  highest  number 
of  votes  in  the  circuit.  In  case  any  two  candidates  for  asso- 
ciate judge,  residing  in  the  same  county,  shall  have  an  equal 
number  of  votes,  greater  than  any  other  candidate  for  asso- 
••iate  judge  in  the  circuit,  it  shall  be  the  duty  of  the  Gover- 
nor to  order  a  new  election. 

Sec.  25.  There  shall  be  a  Clerk  of  the  Circuit  Court  in  each 
county,  who  shall  be  elected  by  a  plurality  of  the  qualified 
voters  "of  said  county,  and  shall  hold  his  office  for  six  years 
from  the  time  of  his  election,  and  until  his  successor  is  elected 
and  qualified,  and  be  re-eligible,  subject  to  be  removed  for 
wilful  neglect  of  duty  or  other  misdemeanor  in  office,  on  con- 
viction in  a  court  of  law.  In  case  of  a  vacancy  in  the  office 
of  Clerk  of  a  Circuit  Court,  the  judges  of  said  court  shall 
have  power  to  fill  such  vacancy  until  the  general  election  for 
Delegates  to  the  General  Assembly,  to  be  held  next  there- 
after, when  a  successor  shall  be  elected  for  the  term  of  six 
years. 

Sec.  27.  There  shall  be  in  the  Eighth  Judicial  Circuit  six 
courts  to  be  styled  the  Supreme  Bench  of  Baltimore  City,  the 
Superior  Court  of  Baltimore  City,  the  Court  of  Common 
Pleas,  the  Baltimore  City  Court,  the  Circuit  Court,  of  Balti- 
more City,  and  the  Criminal  Court  of  Baltimore. 

Sec.  31.  There  shall  be  elected  by  the  legal  and  qualified 
voters  of  said  city  at  the  elections  hereinbefore  provided  for 
one  chief  judge  and  four  associate  judges,  who.  together,  shall 


ir>6  REGISTRATION  AND  ELECTION  LAWS 

constitute  the  Supreme  Bench  of  Baltimore  City,  and  shall 
hold  their  offices  for  the  term  of  fifteen  years,  subject  to  the 
provisions  of  this  Constitution  with  regard  to  the  election  and 
qualifications  of  judges  and  their  removal  from  office. 

Sec.  37.  There  shall  be  a  clerk  of  each  of  the  said  courts 
of  Baltimore  city,  except  the  Supreme  Bench,  who  shall  be 
elected  by  the  legal  and  qualified  voters  of  said  city  at  the 
election  to  be  held  in  said  city  on  the  Tuesday  next  after  the 
first  Monday  in  November,  in  the  year  eighteen  hundred  and 
sixty-seven,  and  shall  hold  his  office  for  six  years  from  the 
time  of  his  election,  and  until  his  successor  is  elected  and 
qualified,  and  be  re-eligible  thereto,  subject  to  be  removed  for 
wilful  neglect  of  duty  or  other  misdemeanor  in  office  on  con- 
viction in  a  court  of  law.  In  case  of  a  vacancy  in  the  office 
of  clerk  of  any  of  said  courts,  the  judges  of  said  Supreme 
Bench  of  Baltimore  City  shall  have  power  to  fill  such  va- 
cancy until  the  general  election  of  Delegates  to  the  General 
Assembly  to  be  held  next  thereafter,  when  a  clerk  of  said 
court  shall  be  elected  to  serve  for  six  years  thereafter. 

Sec.  39.  The  General  Assembly  shall,  as  often  as  it  may 
think  the  same  proper  and  expedient,  provide  by  law  for  the 
election  of  an  additional  judge  of  the  Supreme  Bench  of  Bal- 
timore City,  and  whenever  provision  is  so  made  by  the  Gen- 
eral Assembly,  there  shall  be  elected  by  the  voters  of  said  city 
another  judge  of  the  Supreme  Bench  of  Baltimore  City,  who 
shall  be  subject  to  the  same  constitutional  provisions,  hold 
his  office  for  the  same  term  of  years,  receive  the  same  compen- 
sation and  have  the  same  powers  as  are  provided  by  the  Con- 
stitution or  laws  of  this  State  for  the  judges  of  said  Supreme 
Bench  of  Baltimore  City. 

Sec.  40.  The  qualified  voters  of  the  city  of  Baltimore,  and 
of  the  several  counties,  shall  on  Tuesday  next,  after  the  first 
Monday  in  November  next,  and  on  the  same  day  in  every 
fourth  year  thereafter,  elect  three  men  to  be  judges  of  the 
Orphans '  Court,  of  said  city  and  counties,  respectively,  who 
shall  be  citizens  of  the  State,  and  residents  for  the  twelve 
months  preceding  in  the  city  or  county  for  which  they  may 
be  elected.  In  case  of  a  vacancy  in  the  office  of  the  Orphans' 
Court,  the  Governor  shall  appoint,  subject  to  confirmation  or 
rejection  by  the  Senate,  some  suitable  person  to  fill  the  same 
for  the  residue  of  the  term. 

Sect  41.  There  shall  be  a  Eegister  of  Wills  in  each  county 
of  the  State  and  the  city  of  Baltimore,  to  be  elected  by  the 
legal  and  qualified  voters  of  said  counties  and  cities,  respec- 
tively, who  shall  hold  his  office  for  six  years  from  the  time  of 
his  election,  and  until  his  successor  is  elected  and  qualified; 
he  shall  be  re-eligible,  and  subject  at  all  times  to  removal  for 
wilful  neglect  of  duty  or  misdemeanor  in  office  in  the  same 
manner  that  the  clerks  of  courts  are  removable.  In  the  event 
of  any  vacancy  in  the  office  of  Register  of  Wills,  said  vacancy 


OF  Tin.  ST\TI>;  OF  MARYLAND.  157 

shall  be  tilled  by  the  judges  of  the  Orphans'  Court  in  which 
such  vacancy  occurs  until  the  next  general  election  for  Dele- 
gates to  the  General  Assembly,  when  a  register  shall  be  elected 
to  serve  six  years  thereafter. 

Sete.  44.  There  shall  be  elected  in  each  county,  and  in  the 
city  of  Baltimore  in  every  second  year,  one  person,  resident 
in  said  county  or  city,  above  the  age  of  twenty-five  years,  and 
at  least  five  years  preceding  his  election,  a  citizen  of  this 
State,  to  the  office  of  Sheriff.  He  shall  hold  his  office  for  two 
years,  and  until  his  successor  is  duly  elected  and  qualified; 
shall  be  ineligible  for  two  years  thereafter;  shall  give  such 
bond,  exercise  such  powers  and  perform  such  duties  as  now 
are  or  may  hereafter  be  fixed  by  law.  In  case  of  a  vacancy 
by  death,  resignation,  refusal  to  serve  or  neglect  to  qualify  or 
give  bond  or  by  disqualification  or  removal  from  the  county 
or  city,  the  Governor  shall  appoint  a  person  to  be  Sheriff  for 
the  remainder  of  the  official  term 

ARTICLE  V. 

Section  1.  There  shall  be  an  Attorney-General  elected  by 
the  qualified  voters  of  the  State,  on  general  ticket,  on  the 
Tuesday  next  after-  the  first  Monday  in  the  month  of  Novem- 
ber, eighteen  hundred  and  sixty-seven,  and  on  the  same  day 
in  every  fourth  year  thereafter,  who  shall  hold  his  office  for 
four  years  from  the  time  of  his  election  and  qualification. 
and  until  his  successor  is  elected  and  qualified,  and  shall  be 
re-eligible  thereto,  and  shall  be  subject  to  removal  for  incora- 
petency.  wilful  neglect  of  duty,  or  misdemeanor  in  office,  on 
Conviction  in  a  court  of  law 

Sec.  2.  All  elections  for  Attorney  -General  shall  be  certi- 
fied to,  and  returns  made  thereof  by  the  clerks  of  the  Circuit 
( 'ourt  for  the  several  counties,  and  the  Clerk  of  the  Superior 
i'ourt  of  Baltimore  City,  to  the  Governor  of  the  State,  whose 
duty  it.  shall  be  to  decide  on  the  election  and  qualifications 
of  the  persons  returned;  and  in  case  of  a  tie  between  two  or 
more  persons,  to  designate  which  of  said  persons  shall  qualify 
as  Attorney-General  and  to  administer  the  oath  of  office  to 
the  person  elected. 

Sec.  4.  No  person  shall  be  eligible  to  the  office  of  Attorney - 
<  ieneral  who  is  not  a  citizen  of  this  State  and  a  qualified  voter 
therein,  and  has  not  resided  and  pi-act i<-ed  law  in  this  State 
for  at  least  ten  years. 

Sec.  7.  There  shall  be  an  attorney  for  the  State  ia  each 
county  and  city  of  Baltimore,  to  be  styled  "The  State's  Attor- 
ney", who  shall  be  elected  by  the  voters  thereof,  respectively, 
on  the  Tuesday  next  after  the  first  Monday  in  November,  in 
the  year  eighteen  hundred  and  sixty-seven,  and  on  the  same 
day  every  fourth  year  thereafter;  and  shall  hold  his  office  for 
four  years  from  the  first  Monday  in  January  next  ensuing 


158  REGISTRATION  AND  ELECTION  LAWS 

his  election,  arid  until  his  successor  shall  be  elected  and  quali- 
fied ;  and  shall  be  re-eligible  thereto  and  be  subject  to  removal 
therefrom  for  incompetency,  wilful  neglect  of  duty  or  misde- 
meanor in  office,  on  conviction  in  a  court  of  law,  or  by  a 
vote  of  two-thirds  of  the  Senate  on  the  recommendation  of 
the  Attorney- General. 

Sec.  8.  All  elections  for  the  State's  Attorney  shall  be  certi- 
fied to  and  returns  made  thereof  by  the  clerks  of  the  said 
counties  and  city,  to  the  judges  thereof  having  criminal  juris- 
diction, respectively,  whose  duty  it  shall  be  to  decide  upon 
the  elections  and  qualifications  of  the  persons  returned;  and 
in  case  of  a  tie  between  two  or  more  persons,  to  designate 
which  of  said  persons  shall  qualify  as  State's  Attorney,  and 
to  administer  the  oaths  of  office  to  the  person  elected. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  State's 
Attorney  who  has  not  been  admitted  to  practice  lawT  in  this 
State,  and  who  has  not  resided  for  at  least  two  years  in  the 
county  or  city  in  which  he  may  be  elected. 

ARTICLE  VI. 

Section  1.  There  shall  be  a  Treasury  Department,  consist- 
ing of  a  Comptroller,  chosen  by  the  qualified  electors  of  the 
State,  at  each  regular  election  of  Members  of  the  House  of 
Delegates,  who  shall  receive  an  annual  salary  of  two  thous- 
and and  five  hundred  dollars ;  and  a  Treasurer  to  be  appointed 
by  the  two  Houses  of  the  Legislature,  at  each  regular  session 
thereof,  on  joint  ballot,  who  shall  receive  an  annual  salary  of 
two  thousand  five  hundred  dollars ;  and  the  terms  of  office 
of  the  said  Comptroller  and  Treasurer  shall  be  for  two  years 
and  until  their  successors  shall  qualify.  In  case  of  a  vacancy 
in  either  of  the  offices  by  death  or  otherwise,  the  Governor, 
by  and  with  the  advice  and  consent  of  the  Senate,  shall  fill 
such  vacancy  by  appointment,  to  continue  until  another  elec- 
tion, or  choice  by  the  Legislature,  as  the  case  may  be.  and 
until  the  qualification  of  the  successor. 

Sec.  5.  The  Comptroller  shall  qualify  and  enter  on  the 
duties  of  his  office  on  the  third  Monday  in  January  next  suc- 
ceeding the  time  of  his  election,  or  as  soon  thereafter  as  prac- 
ticable. 

ARTICLE  VII. 

Section  1.  County  Commissioners  shall  be  elected  on  gen- 
eral ticket  of  each  county  by  the  qualified  voters  of  the  sev- 
eral counties  of  the  State  on  Tuesday  next  after  the  first 
Monday  in  the  month  of  November,  commencing  in  the  year 
eighteen  hundred  and  ninety-one ;  their  number  in  each  coun- 
ty, their  compensation,  powers  and  duties  shall  be  such  as  now 
or  may  be  hereafter  prescribed  by  law;  they  shall  be  elected 
at  such  times  in  such  numbers  and  for  such  periods  not  ex- 
ceeding six  years,  as  may  be  prescribed  by  law. 


OF  THM  STATK  OF  MYKYLYND.  159 

.  The  qualified  voters  of.  each  county  and  of  the  city 
of  Haiti  more  shall  on  the  Tuesday  next  after  the  first  Monday 
in  the  month  of  November,  in  the  year  eighteen  hundred  and 
.sixty-seven,  and  on  the  same  day  in  every  second  year  there- 
after, elect  a  Surveyor  for  each  county  and  the  city  of  Balti- 
more, respectively,  whose  term  of  office  shall  commence  on  the 
first  Monday  of  January  next  ensuing  their  election;  and 
whose  duties  and  compensation  shall  be  the  same  as  are  now 
or  may  hereafter  be  prescribed  by  law.  And  any  vacancy  in 
the  office  of  surveyor  shall  be  filled  by  the  Commissioners  of 
the  county,  or  by  the  Mayor  and  City  Council  of  Baltimore, 
respectively,  for  the  residue  of  the  term. 

Sec.  6.  The  qualified  voters  of  Worcester  county  shall  on 
Tuesday  next  after  the  first  Monday  in  the  month  of  Novem- 
ber, in  the  year  eighteeen  hundred  and  sixty-seven,  and  every 
two  years  thereafter,  elect  a  Wreck  Master  for  said  county, 
whose  duties  and  compensation  shall  be  the  same  as  are  now 
prescribed  by  law;  the  term  of  office  of  such  Wreck  Master 
shall  commence  on  the  first  Monday  of  January  next  succeed- 
ing his  election,  and  a  vacancy  in  said  office  shall  be  filled  by 
the  County  Commissioners  of  said  county  for  the  residue  of 
the  term. 

ARTICLE  XIV. 

AMENDMENTS  TO  THE  CONSTITUTION. 

Section  1.  The  General  Assembly  may  propose  amendments 
to  this  Constitution;  provided,  that  each  amendment  shall  be 
embraced  in  a  separate  bill,  embodying  the  Article  or  section. 
as  the  same  will  stand  when  amended  and  passed  by  three- 
lift  hs  of  all  the  members  elected  to  each  of  the  two  Houses, 
by  yeas  and  nays,  to  be  entered  on  the  Journals  ivith  the  pro- 
posed amendments :  The  bill,  or  bills,  proposing  amendment, 
<>r  amendments,  shall  be  published  by  order  of  the  Governor, 
in  at  least  two  newspapers  in  each  county,  where  so  many  may 
be  published,  and  where  riot  more  than  one  may  be  published. 
then  in  that  newspaper,  and  in  three  newspapers  published 
in  the  city  of  Baltimore,  one  of  which  shall  be  in  the  German 
language,  once  a  week,  for  at  least  three  months  preceding 
the  next  ensuing  general  election,  at  which  the  said  proposed 
amendment,  or  amendments  shall  be  submitted,  in  a  form  to 
be  prescribed  by  the  General  Assembly,  to  the  qualified  vot- 
ers of  the  State  for  a.doption  or  rejection.  The  votes  cast  for 
and  against  said  proposed  amendment,  or  amendments,  sever- 
ally, shall  l)e  returned  to  the  Governor  in  the  manner  pre- 
scribed in  other  cases,  and  if  it  shall  appear  to  the  Governor 
that  a  majority  of  the  votes  cast  at  said  election  on  said 
amendment,  or  amendments,  severally,  were  cast  in  favor 
thereof,  the  Governor  shall,  by  his  proclamation,  declare  the 
said  amendment,  or  amendments,  having  received  said  ma- 


160  UKGISTRATION  AND  KLKXJTION  LAWS 

jority  of  votes,  to  have  been-  adopted  by  the  people  of  Mary- 
land, as  part  of  the  Constitution  thereof,  and  thenceforth  said 
amendment,  or  amendments,  shall  be  part  of  the  said  Consti- 
tution. When  two  or  more  amendments  shall  be  submitted,  in 
manner  aforesaid,  to  the  voters  of  this  State  at  the  same  elec- 
tion, they  shall  be  so  submitted  as  that  each  amendment  shall 
be  voted  on  separately. 

ARTICLE  XV. 

Section  4.  If  at  any  election  directed  by  this  Constitution 
any  two  or  more  candidates  shall  have  the  highest  and  an 
equal  number  of  votes,  a  new  election  shall  be  ordered  by  the 
Governor,  except  in  the  cases  specially  provided  for  by  this 
Constitution. 

Sec.  7.  All  general  elections  in  this  State  shall  be  held  on 
the  Tuesday  next  after  the  first  Monday  in  the  month  of 
November,  in  the  year  in  which  they  shall  occur ;  and  the  first 
election  of  all  officers,  who,  under  this  Constitution,  are  re- 
quired to  be  elected  by  the  people,  shall,  except  in  cases  herein 
specially  provided  for,  be  held  on  the  Tuesday  next  after  the 
first  Monday  of  November,  the  year  eighteen  hundred  and 
sixty-seven. 

Sec.  8.  The  sheriffs  of  the  several  counties  of  this  State. 
and  of  the  city  of  Baltimore,  shall  give  notice  of  the  several 
elections  authorized  by.  this  Constitution,  in  the  manner  pre- 
scribed by  existing  laws  for  elections  to  be  held  in  this  State. 
until  said  laws  shall  be  changed. 

Sec.  9.  The  term  of  office  of  all  judges  and  other  officers. 
for  whose  election  provision  is  made  by  this  Constitution. 
shall,  except  in  cases  otherwise  expressly  provided  herein, 
commence  from  the  time  of  their  election ;  and  all  such  other 
officers  shall  qualify  as  soon  after  their  election  as  practicable, 
and  shall  enter  upon  the  duties  of  their  respective  offices  im- 
mediately upon  their  qualification;  and  the  term  of  office  of 
the  State  Librarian  and  of  Commissioner  of  the  Land  Office 
shall  commence  from  the  time  of  their  appointment. 

Sec.  10.  Any  officers  elected  or  appointed  in  pursuance  <>f 
the  provisions  of  this  Constitution  may  qualify,  either  ac- 
cording to  the  existing  provisions  of  law,  in  relation  to  officers 
•under  the  present  Constitution,  or  before  the  Governor  of  the 
State,  or  before  any  clerk  of  any  court  of  record  in  any  part 
of  the  State;  but  in  case  an  officer  shall  qualify  out  of  the 
county  in  which  he  resides,  an  official  copy  of  his  oath  shall 
be  filed  and  recorded  in  the  Clerk's  office  of  the  Circuit  Court 
for  the  county  in  which  he  may  reside,  or  in  the  Clerk's  office 
of  the  Superior  Court  of  the  city  of  Baltimore,  if  he  shall  re- 
side therein. 


OF  TIN:  STATE  OP  M  \KVL\.\D.  161 

PROVISIONS 

— OP   THE — 

Constitution  of  the  United  States  Relating  to  Elections. 


ARTICLE  I. 

Section  2.  The  House  of  Representatives  shall  be  composed 
of  members  chosen  every  second  year  by  the  people  of  the  sev- 
eral States,  and  the  electors  in  each  State  shall  have  the  quali- 
fications requisite  for  electors  of  the  most  numerous  branch 
of  the  State  Legislature.  (Par.  1.) 

No  person  shall  be  a  Representative  who  shall  not  have  at- 
tained to  the  age  of  twenty-five  years,  and  been  seven  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 
(Par.  2.) 

*  *  *  The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  United 
States,  and  with  every  suhsecaient  term  of  ten  years,  in  such 
manner  as  they  shall  by  law  direct.  The  number  of  Repre- 
sentatives shall  not  exceed  one  for  every  thirty  thousand,  but 
each  State  shall  have  at  least  one  Representative.  * 
(Par.  3.) 

When  vacancies  happen  in  the  representation  from  any 
State  the  executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies.  (Par.  4.) 

Section  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State  chosen  by  the  Legis- 
lature thereof,  for  six  years;  and  each  Senator  shall  have  one 
vote.  (Par.  1.) 

Immediately  after  they  shall  be  assembled  in  consequence 
of  the  first  election,  they  shall  be  divided  as  equally  as  may 
be  into  three  classes.  The  seats  of  the  Senators  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  second  year,  of 
the  second  class  at  the  expiration  of  the  fourth  year  and  of 
the  third  class  at  the  expiration  of  the  sixth  year;  so  that  one- 
third  may  be  chosen  c\<  i-\  second  year;  and  if  vacancies  hap- 
pen by  resignation  or  otherwise  during  the  recess  of  the  Legis- 
lature of  any  State,  the  executive  thereof  may  make  tem- 
porary appointments  until  the  next  meeting  of  the  Legisla- 
ture, which  shall  then  fill  such  vacancies.  (Par.  2.') 
6 


162  REGISTRATION  AND  ELECTION  LAWS 

No  person  shall  be  a  Senator  who  shall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabi- 
tant of  that  State  from  which  he  shall  be  chosen.  (Par.  3.) 

Section  4.  The  times,  places  and  manner  of  holding  elec- 
tions for  Senators  and  Representatives  shall  be  prescribed  in 
each  State  by  the  Legislature  thereof;  but  the  Congress  may 
at  any  time  by  law  make  or  alter  such  regulations,  except 
as  to  the  places  of  choosing  Senators.  (Par.  1.) 

Sec.  5.  Each  House  shall  be  the  judge  of  the  elections,  re- 
turns and  qualifications  of  its  own  members.  (Par.  1.) 

Sec.  8.  The  Congress  shall  have  power  *  *  *  To  establish  a 
uniform  Rule  of  Naturalization  *  *  *  throughout  the  United 
States.  (Par.  4.) 

ARTICLE  II. 

Section  1.  The  executive  power  shall  be  invested  in  a  Presi- 
dent of  the  United  States  of  America.  He  shall  hold  his  office 
during  the  term  of  four  years,  and,  together  with  the  Vice- 
President,  chosen  for  the  same  term,  be  elected  as  follows: 
(Par.  1.) 

Each  State  shall  appoint  in  such  manner  as  the  Legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole 
number  of  Senators  and  Representatives  to  which  the  State 
may  be  entitled  in  Congress ;  but  no  Senator  or  Representa- 
tive or  person  holding  an  office  of  trust  or  profit  under  the 
United  States  shall  be  appointed  an  elector.  (Par.  2.) 

Chisholm  v.  Georgia.  2  Ball,  419 ;  Leitensdorfer  v.  Webb, 
20  How.,  176. 

The  Congress  may  determine  the  time  of  choosing  the  elec- 
tors, and  the  day  on  which  they  shall  give  their  votes,  which 
day  shall  be  the  same  throughout  the  United  States.  (Par.  3.) 

ARTICLE  -VI. 

The  Senators  and  Representatives  before  mentioned,  and 
the  members  of  the  several  State  Legislatures,  and  all  execu- 
tive and  judicial  officers,  both  of  the  United  States  and  of  the 
several  States,  shall  be  bound  by  oath  or  affirmation  to  sup- 
port this  Constitution ;  but  no  religious  test  shall  ever  be  re- 
quired as  a  qualification  to  any  office  or  public  trust  under 
the  United  States.  (Par.  3.) 

TWELFTH  AMENDMENT. 

The  electors  shall  meet  in  their  respective  States  and  vote 
by  ballot  for  President  and  Vice-President,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves; they  shall  name  in  the  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice- 


OK  THK  STATE  «>F  MARYLAND.  16.3 

President  and  they  shall  make  distinct  lists  of  all  persons 
voted  for  as  President,  and  for  all  persons  voted  for  as  Vice- 
President,  and  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify  and  transmit  sealed  to  the  seat  of  the 
Government  of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in  the  pres- 
ence of  the  Senate  and  Hoiise  of  Representatives,  open  all 
the  certificates,  and  the  vote  shall  then  he  counted.  The  per- 
son having  the  greatest  number  of  votes  for  President  shall 
be  President,  if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed;  and  if  no  person  have  such  a  ma- 
jority then  from  the  persons  having  the  highest  number,  not 
exceeding  three,  on  the  list  of  those  voted  for  as  President, 
the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President  the  votes 
shall  be  taken  by  States,  the  representation  from  each  State 
having  one  vote ;  a  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two-thirds  of  the  States,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice.  And 
if  the  House  of  Representatives  shall  not  choose  a  President 
whenever  the  right  of  choice  shall  devolve  upon  them  before 
the  fourth  day  of  March  next  following,  then  the  Vice-Presi- 
dent  shall  act  as  President,  as  in  the  case  of  the  death  or 
other  constitutional  disability  of  the  President.  The  person 
having  the  greatest  number  of  votes  as  Vice-President  shall 
be  the  Vice-President.  if  such  number  be  a  majority  of  the 
whole  number  of  electors  appointed  and  if  no  person  have  a 
majority  then  from  the  two  highest  numbers  of  the  list  the 
Senate  shall  choose  the  Vice-President ;  a  quorum  for  the  pur- 
pose shall  consist  of  two-thirds  of  the  whole  number  of  Sena- 
tors and  a  majority  of  the  whole  number  shall  be  necessary  to 
a  choice.  But  no  person  constitutionally  ineligible  to  the 
office  of  President  shall  be  ^ligrible  to  that  of  Vice-President 
of  the  United  States. 

FOURTEENTH  AMENDMENT. 

Section  1.  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of 
the  United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United  States;  nor 
shall  any  State  deprive  any  person  of  life,  liberty  or  property 
without  due  process  of  law;  nor  to  deny  any  person  within 
its  jurisdiction  the  equal  protection  of  the  laws. 

Sec.  2.  Representatives  shall  be  appointed  among  the  sev- 
eral States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  excluding  Indians  not 
taxed.  But.  when  the  right  to  vote  at  any  election  for  the 
choice  of  electors  for  President  and  Vice-President  of  the 


164  JiKGlsTKATlON    AND    ELECTION    LAWS 

United  States,  Representatives  in  Congress,  the  executive  and 
judicial  officers  of  a  State,  or  the  members  of  the  Legislature 
thereof,  is  denied  to  any  of  the  male  inhabitants  of  such 
State,  being  twenty-one  years  of  age,  and  citizens  of  the 
United  States,  or  in  any  way  abridged,  except  for  participa- 
tion in  rebellion  or  other  crime,  the  basis  of  representation 
therein  shall  be  reduced  in  the  proportion  which  the  number 
of  such  male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years  of  age  in  such  State. 

Sec.  3.  No  person  shall  be  a  Senator  or  Representative  in 
Congress,  or  elector  of  President  and  Vice-President,  or  hold 
any  office,  civil  or  military,  under  the  United  States,  or  under 
any  State,  who.  having  previously  taken  an  oath,  as  a  Member 
of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a  mem- 
ber of  any  State  Legislature,  or  as  an  executive  or  judicial 
officer  of  any  State,  to  support  the  Constitution  of  the  United 
States,  shall  have  engaged  in  insurrection  or  rebellion  against 
the  same,  or  given  aid  or  comfort  to  the  enemies  thereof.  But 
Congress  may  by  a  vote  of  two-thirds  of  each  House  remove 
such  disability. 

Sec.  5.  The  Congress  shall  have  power  to  enforce,  by  ap- 
propriate legislation,  the  provisions  of  this  Article. 

FIFTEENTH  AMENDMENT. 

Section  1.  The  right  of  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  L^nited  States  or 
by  any  State  on  account  of  race,  color,  or  previous  condition 
of  servitude. 

Sec.  2.  The  Congress  shall  have  power  to  enforce  this  Arti- 
cle by  appropriate  legislation. 

ARTICLE^XVII 
Of  the  Amendments  to  the  Constitution  of  the  United  States. 

(The  XVII  Amendment  to  the  Constitution  of  the  United 
States  was  proposed  to  the  Legislatures  of  the  several  States 
by  the  62d  Congress  on  May  16,  1912,  and  the  Secretary  of 
State  announced  on  May  31,  1913,  that  it  had  been  ratified  by 
the  Legislatures  of  36  of  the  48  States.) 

' '  The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  elected  by  the  people  thereof,  for 
six  years ;  and  each  Senator  shall  have  one  vote.  The  electors 
in  each  State  shall  have  the  qualifications  requisite  for  electors 
of  the  most  numerous  branch  of  the  State  Legislatures. 

"When  vacancies  happen  in  the  representation  of  any 
State  in  the  Senate,  the  executive  authority  of  such  State  shall 
issue  writs  of  election  to  fill  such  vacancies.  Provided,  that 
the  Legislature  of  any  State  may  empower  the  executive  there- 


OF  THE  STATE  OP  MARYLAND.  165 

of  to  make  temporary  appointment  until  the  people  fill  the 
vacancies  by  election  as  the  Legislature  may  direct. 

* '  This  amendment  shall  not  be  so  construed  as  to  affect  the 
election  or  term  of  any  Senator  chosen  before  it  becomes 
valid  as  part  of  the  Constitution. ' ' 


cHfaH 


10  g 


166  REGISTRATION  AND  ELECTION  LAWS 

INSTRUCTIONS 
OFFICERS  OF  ELECTION  AND  REGISTRATION. 

PREPARED  BY  THE 

ATTORNEY  GENERAL  OF  MARYLAND 

In  Compliance  with  the  Provisions  of  Section  120  of  Article 
33  of  the  Code  of  Public  General  Laws  of  Maryland. 


To  the  Judges  and  Clerks  of  Election  : 

GENTLEMEN  : — The  following  instructions  have  been  pre- 
pared by  me  in  accordance  with  the  directions  of  Section  120 
of  Article  33  of  the  Code  of  Public  General  Laws.  It  will  be 
your  duty  to  read  them  carefully.  The  reading  of  these  in- 
structions, however,  should  not  lead  anyone  to  suppose  that 
it  will  be  unnecessary  to  read  the  Election  Law  itself.  This, 
each  of  you  should  do,  and  you  should  make  yourself  familiar 
with  all  of  its  provisions,  which  in  any  way  relate  to  the  dis 
charge  of  the  duties  committed  to  you.  I  wish  to  urge  upon 
you  particularly  the  necessity  of  conforming  strictly  to  all 
the  provisions  of  the  law.  It  is  possible  that  in  the  conditions 
existing  in  particular  precincts  you  may  think  that  some  of 
the  safeguards  of  the  law  are  unnecessary  and  that  time  may 
be  saved  by  omitting  them.  Such  omissions,  however,  you 
have  110  right  to  make.  The  whole  law  is  one  statute  by  which 
the  election  system  is  governed,  and  provisions  which  may 
seem  in  particular  places  or  under  particular  circumstances 
to  be  of  slight  importance  are  really  essential  features  of  the 
entire  scheme.  Any  wilful  omission  of  any  requirement  of 
law  will  be  an  offense.  It  is  expressly  made  the  duty  of  the 
Supervisors  of  Election  in  each  county  and  city,  whenever 
they  have  probable  cause  to  believe  that  any  offense  agan-st 
the  law  has  been  committed,  to  cause  a  prosecution  to  be  in- 
stituted against  the  guilty  person. 

I  am,  yours  respectfully. 

EDGAR  ALLAN  POE, 

Attorney  General. 


OF  THE  STATK  OF  MARYLAND.  167 


PART  I. 

Instructions  to  Judges  of  Elections  When  Acting  as  Boards 

of  Registry. 


SECTION  I. 

Registration  Days  in  1914. 
General  Registration  in  the  Counties, 

First  Sitting Tuesday,  September  22nd. 

Second  Sitting Wednesday,  September  23rd. 

Third  Sitting Tuesday,  October  6th. 

Fourth  Sitting Wednesday,  October  7th. 

Fifth  Sitting Tuesday,  October  13th. 

No  new  names  added  at  fifth  sitting. 

Sections  20  and  23. 
In  Baltimore  City. 

First  Sitting Tuesday,  September  22nd. 

Second  Sitting Wednesday,  September  23rd. 

Third  Sitting Tuesday,  October  6th. 

Fourth  Sitting Wednesday,  October  7th. 

Fifth  Sitting Saturday,  October  10th. 

Sixth  Sitting Tuesday,  October  13th. 

No  new  names  added  at  sixth  sitting. 
Sections  20,  22  and  23. 

HOURS  OF  REGISTRATION. 

Baltimore  City From  12  M.  to  10  P.  M. 

Counties From  8  A.  M.  to  8  P.  M. 

Sections  17  and  20. 
Judges  of  Election  Absent  or  Late,  Liable  to  Fine  or  Imprisonment. 

The  absence  of  a  judge  of  election  from  his  registration 
office  during  the  hours  in  which,  by  law,  the  office  should  be 
open,  is  a  misdemeanor  punishable  by  imprisonment  for  not 
less  than  ten  days  nor  more  than  six  months,  or  by  a  fine  of 
not  less  than  $20  or  more  than  $500.  (Art.  33,  Sec.  107.) 


168  REGISTRATION  AND  ELECTION  LAWS 

Appointment  of  Substitute  Judges. 

When  any  judge  is  absent  from  the  registration  office  dur- 
ing the  sittings,  the  other  judge  or  judges  present  must  ap- 
point as  substitute  judge  some  person  of  the  same  political 
party  as  the  absentee.  He  must  be  sworn  in  by  one  of  the 
judges  present.  He  must  take  the  same  oath  as  the  other 
judges  took,  a  form  of  which  will  be  found  among  the  forms 
in  this  pamphlet.  When  the  regular  appointed  judge  returns, 
the  substitute's  powers  cease.  You  must  note  in  the  regis- 
tries that  the  substitute  was  appointed,  who  he  was,  in  whose 
place  he  was  appointed,  when  he  began  to  act  and  when  he 
ceased  to  act.  (Art.  33,  Sec.  38.) 

NOTE  : — The  appointment  of  a  substitute  judge  does  not  re- 
lieve an  original  judge  from  the  penalties  by  law  imposed 
upon  him  for  absence  without  urgent  necessity. 

SECTION  II. 

Powers  of  Judges  of  Election  When  Sitting  as  Boards  of  Registry. 
Powers  of  Judges  of  Election  to  Keep  the  Peace,  Etc. 

The  judges  must  preserve  order  and  keep  the  peace  in  and 
about  the  registration  offices,  during  their  sittings,  and  see 
that  the  entrance  thereto  shall  be  open  and  unobstructed. 
They  and  each  of  them  may  commit  any  person  breaking  the 
peace  or  violating  any  of  the  provisions  of  the  registration 
law.  (Sec.  15.) 

In  the  counties,  the  sheriff  or  constable,  and  in  Baltimore 
city,  the  police,  must  arrest  and  take  to  jail  the  persons  so 
committed.  (Art.  33,  Sec,  15.) 

To  Summon  Witnesses  and  to  Compel  Their  Attendance. 

Officers  of  registration  may  summon  witnesses  arid  com- 
pel their  attendance  by  attachment  if  necessary.  In  counties, 
summonses  and  attachments  are  to  be  served  by  the  sheriff  or 
constable,  in  Baltimore  city,  by  the  police.  (Art.  33,  Sec.  15.) 

Distribution  of  Work  Among  the  Registers. 

In  the  counties,  each  judge  sitting  as  register,  will  have 
charge  of  one  of  the  registries,  and  the  two  judges  so  sitting 
will  divide  the  other  work  to  be  done  between  them. 

In  the  city,  the  Supervisors  will  designate  two  of  the 
judges,  one  of  each  political  party,  to  keep  the  registries. 
Either  of  these  officers  may  get  one  of  his  colleagues  tempor- 
arily to  take  his  place  in  keeping  the  registry.  The  two  judges 
not  in  charge  of  the  registries  should  keep  the  alphabetical 


OF  THE  STATE  OF  A I  AKYI.ANK  169 

list  of  the  names  registered  arid  refused  registration  and 
erased,  and  should  swear  the  applicants,  ask  the  questions,  and 
attend  to  such  other  things  as  may  have  to  be  done.  Any 
judge  has  a  right  to  ask  any  applicant  any  questions,  the 
answers  to  which  he  may  think  will  help  to  make  clear  whether 
the  applicant  is  or  is  not  a  qualified  voter  of  the  precinct. 
(Art.  33,  Sec.  17.) 

The  form  of  all  oaths  required  by  law  to  be  taken  has  been 
somewhat  changed  by  the  Act  of  1898,  Chapter  75. 

The  proper  form  of  oath  will  be  found  among  th<«  forms  at 
the  end  of  this  pamphlet. 

Liquor  Not  Permitted  in  Polling  or  Registration  Room. 

No  distilled  or  spirituous  liquor,  wine,  ale  or  beer,  can  be 
brought  into  any  polling  or  registration  room.  Any  person 
bringing  such  beverages  into  a  polling  or  registration  room, 
and  anyone  who  drinks  or  partakes  thereof  in  such  room,  is 
guilty  of  a  misdemeanor,  and  may  be  fined  not  less  than  $10 
or  more  than  $100.  (Art.  33,  Sec.  112.) 

SECTION  III. 

Who  May  and  Who  May  Not  be  Registered. 
Who  Are  Entitled  to  be  Registered. 

"Every  male  citizen  of  the  United  States  of  the  age  of  21 
years  or  upwards,  who  has  been  a  resident  of  the  State  for 
one  year,  and  of  the  Legislative  District  of  Baltimore  city  or 
of  the  county  in  which  he  may  offer  to  vote,  for  six  months 
next  preceding  the  election,  shall  be  entitled  to  vote  in  the 
ward  or  election  district  in  which  he  resides."  (Constitution 
of  Maryland,  Art.  1,  Sec.  1.) 

It  is  further  provided  that  in  case  any  county  or  Legisla- 
tive District  of  the  city  is  divided  so  as  to  form  parts  of  dif- 
ferent Congressional  Districts,  then  to  entitle  a  person  to 
vote  for  a  Representative  in  Congress,  he  must  have  been  a 
resident  of  that  part  of  the  county  or  city  which  forms  a  part 
of  the  Congressional  District  in  which  he  offers  to  vote,  for 
six  months  next  preceding  the  election.  (Constitution  of 
Maryland,  Art.  1,  Sec.  1.) 

(NOTE: — The  last  sentence  has  no  application  in  years  in 
which  members  of  Congress  are  not  to  be  elected.     In  other 
words,  in  all  odd  numbered  years  it  must  be  ignored,  in  all 
even  numbered  years  it  must  be  strictly  followed.) 
Kemp  v.  Owens,  76  Md.,  235. 

It  is  also  further  provided  that  a  person  who  shall  have  ac- 
quired a  residence  in  a  county  or  city  in  this  State,  entitling 
him  to  vote  at  an  election,  shall  be  entitled  to  vote  in  the  dec- 


170  REGISTRATION  AND  ELECTION  LAWS 

tioii  district  from  which  he  removed  until  he  shall  have  ac- 
quired a  residence  in  the  part  of  the  county  or  city  to  which 
he  has  removed.  (Constitution  of  Maryland,  Art.  1,  Sec.  1.) 

Persons  Who  Are  Not  Entitled  to  Register. 

No  person  above  the  age  of  twenty-one  years,  convicted  of 
larceny  or  other  infamous  crime,  unless  pardoned  by  the 
Governor,  shall  be  entitled  thereafter  to  vote  at  any  election 
in  this  State,  and  no  person  under  guardianship  as  a  lunatic 
or  as  a  person  non  compos  mentis  shall  be  entitled  to  vote. 
(Constitution  of  Maryland,  Art.  1,  Sec.  2.) 

Persons  convicted  of  giving  or  offering  to  give,  or  receiv- 
ing money  or  any  other  valuable  things  for  votes,  or  convict- 
ed of  giving  or  causing  to  be  given  an  illegal  vote  knowing  it 
to  be  such,  are  disqualified  from  registering  or  voting.  (Con- 
stitution of  Maryland,  Art.  1,  Sec.  3.) 

Read  Carefully  Sections  26,  27,  28,  29,  29A  and  30. 

In  the  next  section  you  will  find  some  instructions  intended 
to  aid  you  in  determining  whether  an  applicant  for  registra- 
tion has  the  qualifications,  or  labors  under  any  of  the  dis- 
qualifications above  set  forth,  and  in  connection  therewith  cer- 
tain suggestions  as  to  the  way  in  which  some  of  the  entries 
upon  the  registries  of  voters  ought  to  be  made. 

SECTION  IV. 

Instructions  as  to  Registering  Voters. 

Read  Sections  16  and  17  of  the  Election  Law  carefully,  and 
follow  its  directions  strictly,  also  Sections  28,  29,  29A  and  30. 

Every  applicant  for  registration  must  be  sworn,  unless  he 
says  that  he  is  conscientiously  scrupulous  as  to  taking  an 
oath,  in  which  case  he  must  declare.  If  he  swears,  enter  the 
word  "sworn"  in  the  column  on  the  registry  headed  "Sworn 
or  Affirmed."  If  he  declares,  write  in  the  same  column  the 
word  "Declared."  (Ch.  75,  1898.) 

In  the  new  books  of  registry  there  shall  be  a  distinct  column 
headed  "Party  Affiliations"  in  which  the  Board  of  Registers 
shall  enter  the  name  of  the  political  party,  if  any,  to  which  the 
voter  is  inclined,  and  to  which  the  voter  desires  to  have  him- 
self recorded  as  affiliated.  It  is  the  duty  of  the  Board  of 
Registers  to  explain  to  each  voter  that  the  statement  of  such 
party  affiliation  does  not  bind  him  to  vote  for  the  candidate 
of  such  party  at  any  given  election.  Also  that  he  has  the 
right  to  decline  to  state  any  party  affiliation,  but  that  no  one 
who  is  not  recorded  upon  the  registries  as  affiliated  with  a 
political  party  will  be  qualified  to  vote  at  subsequent  primary 
elections  of  that  party. 


OK  THK  STVTK  OK  MARYLAND.  171 

Whenever  a  voter  declines  to  state  his  party  affiliation  th^ 
word  "Declined"  shall  be  written  opposite  his  name  so  that 
there  shall  appear  in  this  column  opposite  the  name  of  every 
registered  voter  either  his  party  affiliation  or  the  word 
"Declined." 

No  person  or  voter  after  having  his  party  affiliation  regis- 
tered shall  be  permitted  to  make  any  change  in  his  party 
affiliation  unless  the  same  shall  be  made  at  least  six  months 
prior  to  the  day  of  the  primary. 

Postoffice  Address. 

Both  postoffice  address  and  residence  are  to  be  put  in  the 
same  column.  (Sec.  17-5.) 

When  Applicant  Does  Not  Occupy  Entire  House. 

In  such  cases,  follow  precisely  the  directions  of  Sentence  A, 
Section  17,  of  Election  Law,  the  purpose  of  which  is  to  render 
fraudulent  registration  easy  of  detection. 

Residence — What  Constitutes  Residence  for  Voting  Purposes, 

The  Court  of  Appeals  defines  a  man's  residence  for  voting 
purposes  as  "his  actual  home  in  the  sense  of  his  having  no 
other  home, ' '  whether  he  intends  to  reside  there  permanently 
or  for  a  definite  or  indefinite  length  of  time. 

That  is  to  say,  a  man  should  register  where  he  lives.  If  he 
claims  the  right  to  register  elsewhere,  he  must  show  that  his 
home  in  the  ordinary  acceptance  of  the  word  ' '  home ' '  is  some- 
where other  than  at  the  place  at  which  he  physically  dwells. 

Length  of  Residence  Required  in  State. 

To  qualify  a  man  to  vote,  he  must  have  been  a  resident  of 
the  State  for  the  year  next  preceding  the  election.  (Constitu- 
tion of  Maryland,  Art.  1,  Sec.  1.) 

Election  day  in  1914  will  be  November  3rd.  No  man,  there- 
fore, has  a  right  to  register  unless  he  has  his  home  in  Mary- 
land continuously  since,  at  the  latest,  November  3rd,  1913. 

Mere  temporary  absence  from  the  State  during  a  portion 
of  the  year  will  not  disqualify  a  citizen,  provided,  that  his 
home  in  the  ordinary  meaning  of  the  word  "home"  has  not 
for  some  part  of  the  year  been  outside  the  limits  of  the  State. 

See  also  Sections  28,  29  and  29A,  as  to  persons  who  shall 
have  left  the  State  prior  to  March  21st,  1901,  and  as  to  per- 
sons who  have  moved  into  the  State  since  March  29th,  1902. 


172  REGISTRATION  AND  ELECTION  LAWS 

Length  of  Residence  in  County,  Legislative  and  Congressional 
District  Necessary. 

A  voter  should  register  in  the  precinct  in  which  he  has  his 
home  at  the  time  of  registration,  provided  he  has  been  a  resi- 
dent of  the  county  or  Legislative  District  of  which  such  pre- 
cinct forms  a  part,  continuously  since,  at  the  latest,  the  day 
six  months  next  preceding  the  election.  In  the  years  of  Con- 
gressional elections,  that  is  to  say,  in  the  year  1912,  and  every 
second  year  thereafter,  he  must  furthermore  have  resided 
since  the  day  six  months  preceding  the  election  in  the  same 
Congressional  District  as  that  in  which  is  the  precinct  in 
which  he  is  living  at  the  time  of  registration.  If  he  has  not 
been  in  the  county  or  Legislative  District,  and  when  neces- 
sary in  the  Congressional  District  as  well,  since  the  day  six 
months  preceding  the  election,  he  must  register  in  the  last 
county,  Legislative  and  Congressional  District  in  which  he 
lived  for  six  continuous  months,  and  in  the  precinct  of  it  in 
which  he  last  lived.  (Constitution  of  Maryland,  Art.  1, 
Sec.  1.) 

In  Baltimore  city,  a  person  moving  from  one  of  the  coun- 
ties or  from  one  Legislative  District  to  another,  in  any  year 
within  six  months  preceding  the  election,  registers  in  the  place 
from  which  and  not  in  the  place  to  which  he  moves. 

The  following  table  shows  of  what  wards  each  Legislative 
District  of  Baltimore  city  is  composed: 

Wards  1,  2,  3,  4,  5  and  6 First  Legislative  District 

Wards  7,  8,  9,  12,  13  and  15.  ..  .Second  Legislative  District 

Wards  10,  11,  14,  16,  19  and  20 Third  Legislative  District 

Wards  17,  18,  21,  22,  23  and  24.  .Fourth  Legislative  District 

In  the  years  of  Congressional  elections,  if  a  voter  moves 
from  one  Congressional  District  to  another,  although  he  re- 
mains in  the  same  Legislative  District,  he  does  not  acquire  the 
right  to  vote  in  his  new  home  until  he  has  been  six  months 
in  it. 

Whether  a  voter  moves  from  one  ward  to  another  makes  no 
difference,  unless  the  ward  from  which  and  the  ward  to  Avhich 
he  moves  are  in  different  Legislative  or  Congressional  dis- 
tricts. If  the  two  wards  are  in  the  same  Legislative  and  Con- 
gressional district  he  must  register  in  the  ward  to  which  and 
not  in  the  ward  from  which  he  moved. 

A  voter  may  move  from  one  precinct  in  any  one  of  these 
sections  to  another  in  the  same  section,  and  acquire  the  right 
to  vote  at  once  in  the  one  in  which  he  has  last  taken  up  his 
home.  If  in  a  year  of  a  Congressional  election  he  move  from 
one  of  these  sections  to  another,  he  will  have  no  right  to  vote 
in  the  section  into  which  he  has  moved,  and  consequently  to 
register  therein,  unless  by  the  day  of  election,  he  will  h;ive 
had  his  home  for  at  least  six  months  continuously  in  the  sec- 
tion to  which  he  has  moved.  If  he  has  not  had  his  home  in 


OF  THE  STATE  OF  .M. \KYLA M>.  17^ 

the  section  to  which  he  has  moved  for  the  length  of  time  men- 
tioned, he  must  register  in  the  last  precinct  in  which  he  lived 
in  that  section  in  which  he  last  lived  six  months  continuously. 
The  applicant  after  answering  all  questions  shall  be  asked 
to  sign  his  name  under  the  column  ''Signature"  in  each  reg- 
ister, if  he  cannot  do  so  or  declines,  the  officers  shall  make  the 
entry  ''Cannot  write"  or  "Declines"  in  the  place  for  such 
signature.  (Sec.  17.) 

NATURALIZATION. 

Who  Must  Be  Naturalized. 

Every  person  born  abroad,  unless  his  parents  were  at  the 
time  of  his  birth  American  citizens,  must,  before  he  can  reg- 
ister, have  been  naturalized  in  some  way. 

Who  Can  Be  Naturalized  by  Parent's  Papers. 

The  children  of  persons  who  have  been  duly  naturalized  un- 
der any  law^  of  the  United  States,  *  *  *  *  being  under  the 
age  of  twenty-one  years  at  the  time  of  the  naturalization  of 
their  parents,  shall,  if  dwelling  in  the  United  States,  be  con- 
sidered citizens  thereof;  and  the  children  of  persons  who  are, 
or  have  been,  citizens  of  the  United  States,  shall,  though  born 
out  of  the  limits  and  jurisdiction  of  the  United  States,  be  con- 
sidered as  citizens  thereof.  * 

Steps  Necessary  to  Become  a  Citizen. 

Every  alien,  after  he  has  reached  the  age  of  eighteen  years, 
must  declare  his  intention  to  become  a  citizen  of  the  United 
States  (first  paper)  at  least  two  years  before  making  petition 
for  naturalization.  At  the  time  of  filing  a  petition  for  natur- 
alization (second  paper)  an  alien  must  be  21  years  of  age, 
must  have  lived  in  the  United  States  at  least  five  years  con- 
tinuously immediately  preceding  the  filing  of  his  petition. 
For  at  least  the  last  year  before  filing  his  petition  he  must 
have  resided  in  the  State  in  which  his  petition  is  made.  His 
petition  must  be  verified  by  the  affidavit  of  at  least  two  credi- 
ble citizens  who  must  be  able  to  testify  to  the  residence,  char- 
acter and  qualification  for  citizenship  of  the  petitioner. 
(Note: — There  are  certain  exceptions  to  the  above,  with  re- 
gard to  soldiers,  sailors,  v  seamen,  etc.  See  2166  and  2174, 
R.  S.  U.  S.;  Acts  of  July  26,  1894,  and  June  25.  1910.) 

When  Foreigner  Must  Prove  His  Naturalization. 

The  ordinary  proof  of  naturalization  is  the  production  of 
the  applicant's  naturalization  papers  or  his  father's  if  he 


174  REGISTRATION  AND  ELECTION  LAWS 

claims  to  have  been  naturalized  thereby.  When  the  papers 
are  produced,  they  will,  of  course,  show  on  their  face  the 
court  by  which  they  were  issued,  and  the  date  upon  which 
they  were  issued;  the  name  of  the  court,  and  the  date  of  the 
papers  must  be  entered  upon  the  registries  in  the  columns 
headed  "Court"  and  "Date  of  Naturalization,"  respectively. 
Papers  need  not  be  produced  if  a  majority  of  the  judges 
are  satisfied  that  the  applicant  has  been  naturalized,  and  has 
been  registered  for  the  three  years  next  preceding  his  appli- 
cation. In  such  last-mentioned  case,  however,  the  judges  must 
be  very  careful  to  follow  the  law  precisely  and  note  upon  the 
registries  in  the  appropriate  columns,  the  name  of  the  court 
and  the  approximate  date  by  and  at  which  the  applicant 
claims  to  have  been  naturalized,  and  in  the  column  headed 
* ;  Remarks ' '  the  county  or  ward  and  precinct  in  which  he  says 
he  was  registered  for  three  years  next  preceding  his  applica- 
tion. If  the  judges  obey  these  requirements  of  law,  any  at- 
tempt to  register  under  false  claim  of  naturalization  can  be 
readily  detected.  (Art.  33,  Sec.  17,  Sentence  H.) 

Disqualification  by  Conviction  of  Crime, 

To  disqualify  by  conviction  of  crime  a  person  otherwise 
qualified  to  vote,  three  things  must  exist : 

First — At  the  time  of  his  conviction  he  must  have  been  of 
the  age  of  twenty-one  years  or  upwards.  No  person  who,  at 
the  time  of  his  conviction,  was  under  twenty-one  years  of  age, 
is  disqualified  by  such  conviction  from  registering,  when  he 
attains  the  age  of  twenty-one  years. 

Secondly — He  must  be  unpardoiied.  A  pardon  restores  his 
right  to  citizenship. 

Thirdly — the  crime  of  which  he  was  convicted  must  have 
been  larceny  or  other  infamous  crime,  or  else  bribe-giving, 
offering  to  give  bribe,  or  bribe-taking,  or  illegally  voting,  or 
procuring  others  to  illegally  vote.  ( Constitution  of  Maryland, 
Art.  1,  Sees.  2  and  3.) 

What  Are  Infamous  Crimes. 

The  place  in  which  the  person  convicted  has  been  confined 
in  consequence  of  his  conviction  has  nothing  to  do  with  de- 
termining whether  the  crime  of  which  he  was  convicted  was 
or  was  not  infamous.  He  may  have  served  10  years  in  the 
penitentiary  for  assault  with  intent  to  kill  or  rape,  and  yet 
not  be  disqualified  to  register  and  vote  when  he  gets  out.  On 
the  other  hand,  an  adult  male,  convicted  of  the  most  trifling 
larceny,  and  sentenced  to  a  day  or  two  in  jail,  will,  unless 
pardoned,  be  disqualified  for  the  rest  of  his  life.  All  felonies 
at  common  law,  or  which  were  created  by  statute  prior  to  the 
adoption  of  the  present  Constitution,  in  1867,  as  well  as  cer- 


OF  THE  STATE  OF  MARYLAND.  175 

tain  non-felonious  offenses  against  the  administration  of  pub- 
lic justice,  such  as  perjury,  are  infamous  crimes.  A  list  of 
the  infamous  crimes  of  most  frequent  occurrence  are  as  fol- 
lows: 

Infamous  Crimes. 

1.  Arson. 

2.  Bigamy. 

3.  Bribing  juries  or  packing  juries. 

4.  Breaking  head  or  other  portion  of  a  tobacco  hogshead, 
with  intent  to  evade  laws  relating  to  the  inspection  of  tobacco. 

5.  Burglary. 

6.  Burning  wilfully  any  public  building,  church,  academy, 
school  house,  etc. 

7.  Carnal  knowledge   of  a  female  child  under   fourteen 
years  of  age. 

8.  Counterfeiting.      (Conviction  must  be  in   a  Maryland 
and  not  in  a  United  States  Court.) 

9.  Embezzlement. 

10.  Forgery. 

11.  Incest. 

12.  Larceny. 

13.  Manslaughter. 

14.  Mayhem. 

15.  Murder. 

16.  Perjury. 

17.  Subornation  of  perjury. 

18.  Rape. 

19.  Robbery. 

20.  Sodemy. 

Persons  convicted  of  any  of  the  above  offenses  after  they 
reach  the  age  of  twenty-one  years  cannot  be  registered  unless 
they  have  been  pardoned.  Breaches  of  the  peace,  disorderly 
conduct,  assault,  either  common  assault  or  assault  with  in- 
tent to  commit  felonies,  are  not  infamous  crimes  in  the  eye 
of  the  law,  and  conviction  of  them,  although  followed  by  a 
long  sentence  to  the  penitentiary,  does  not  disqualify  the  per- 
son convicted.  It  is  believed  that  the  above  instructions  will 
cover  almost  all  the  cases  with  which  the  officers  of  registra- 
tion will  ordinarily  have  to  deal.  If  the  offense  of  which  the 
applicant  for  registration  has  been  convicted  is  not  included 
in  the  above  list  of  infamous  crimes,  the  probability  is  that 
the  voter  is  entitled  to  be  registered.  Upon  any  special  case 
not  covered  by  the  above  instructions,  the  counsel  to  the 
Board  of  Supervisors  of  Election  of  your  county  will  advise 
you. 

Challengers  at  Registration  Offices. 

Any  voter  may  be  present  in  any  precinct  of  his  county  or 
city,  and  shall  have  the  right  to  challenge  any  applicant  for 
registration.  You  will  perceive  that  the  challenger  may  be 


176  REGISTRATION  AND  ELECTION  LAWS 

any  voter  residing  in  the  county  or  city  in  which  you  are  sit- 
ting. He  need  not  necessarily  be  a  voter  in  your  precinct  or 
district.  And  each  party  or  body  of  voters  having  a  candi- 
date or  candidates  duly  nominated,  may  appoint  a  challenger 
and  give  him  a  commission  signed  by  the  candidates  or  the 
presiding  officer  of  the'  county  or  city  committee  of  his  party. 
When  the  right  of  an  applicant  for  registration  is  challenged, 
you  will  carefully  and  thoroughly  inquire  into  his  right  to  be 
registered.  If  a  majority  of  you  are  satisfied  that  he  is  en- 
titled to  be  registered,  you  will  register  him.  irrespective  of 
the  challenge.  If  no  challenger  is  present  or  one  or  more  chal- 
lengers are  present  and  do  not  challenge  any  applicant  for 
registration,  it  will  be  none  the  less  your  duty  to  make  cer- 
tain that  the  applicant  is  entitled  to  be  registered  before  reg- 
istering him.  (Art.  33,  Sec.  19.) 

Old  Registration  Books. 

The  old  registries  will  be  furnished  you,  to  aid  you  in  iden- 
tifying voters.  If  any  voter  who  applies  to  you  to  be  regis- 
tered is  entered  disqualified  on  the  old  books  you  cannot  reg- 
ister him  unless  you  are  satisfied  that  the  disqualification  has 
been  removed  since  the  «ntry  was  made.  (Art.  33,  Sec.  17.) 

Police  Census. 

In  Baltimore  city  the  officers  of  registration  will  be  fur- 
nished with  a  copy  of  the  police  census  to  be  taken  by  the 
police  shortly  before  the  opening  of  registration.  The  fact 
that  a  person's  name  is  found  on  the  police  census  is,  of 
course,  no  evidence  that  he  is  a  qualified  voter  of  the  pre- 
cinct, and  you  will  be  required  to  put  to  him  all  the  ques- 
tions the  law  prescribes  and  such  others  as  may  in  yoiir  judg- 
ment tend  to  make  clear  to  your  mind  whether  or  not  he  has  a 
legal  right  to  register  in  your  election  precinct  or  district.  If 
his  name  is  not  on  the  police  census,  it  will  obviously  be  your 
duty  to  inquire  very  carefully  and  precisely  how  it  is  that  he 
claims  to  be  a  resident  of  the  precinct,  and  yet  was  not  found 
by  the  police  in  the  precinct.  If  you  are  satisfied  that  he  is 
a  resident  of  the  precinct,  the  omission  of  his  name  from  the 
police  census  does  not  impair  his  right  to  registration.  The 
absence  of  his  name  simply  warns  you  to  be  doubly  careful  in 
your  inquiries  concerning  him.  (Art.  33.  Sec.  18.) 

No  Applicant  to  Be  Entered  as  a  Qualified  Voter  Until  Majority 
of  Registers  Are  Satisfied  That  He  is  One. 

No  person  can  be  entered  as  a  qualified  voter  upon  the  reg- 
istries without  the  consent  of  a  majority  of  the  judges,  that 
is  to  say,  in  the  counties  without  the  consent  of  the  two  judges 
acting  as  registers,  in  the  city  of  Baltimore  without  the  con- 


OF  THE  STATE  OF  MARYLAND.  177 

sent  of  at  least  three  judges.  While  it  is  the  right  and  duty 
of  every  judge  when  he  really  believes  that  an  applicant  is 
not  entitled  to  register,  to  vote  against  registering  him,  yet  no 
judge  has  the  right,  out  of  a  mere  whim  of  stubbornness  or 
for  any  partisan  purpose,  to  deny  an  applicant  for  registra- 
tion when  he  has  110  good  ground  to  believe  that  the  applicant 
is  not  qualified.  Any  judge  who,  for  any  reason,  shall  refuse 
registration  to  any  person  whom  he  believes  to  be  entitled  to 
register,  is  guilty  of  an  offense  which  is  severally  punishable. 
On  the  other  hand,  no  matter  how  clear  in  his  mind  any  judge 
may  be  that  an  applicant  is  entitled  to  be  registered,  he  must 
not  enter  him  qualified  upon  his  registration  books  unless  a 
majority  of  the  judges  at  his  precinct  decide  that  he  is  a 
qualified  voter.  Any  judge  making  such  entry  is  liable  to  all 
the  penalties  imposed  by  Section  104  of  Article  33.  If  a  ma- 
jority of  the  judges  decide  that  an  applicant  for  registration 
is  a  qualified  voter  the  word  "Yes"  must  be  written  in  the 
column  headed  " Qualified  Voter."  If  a  majority  do  not 
agree  that  he  is  a  qualified  voter,  the  word  "No"  must  be 
written  in  that  column  and  a  red  line  drawn  through  his 
name  and  through  all  other  entries  concerning  him,  but  in 
such  manner  that  all  the  entries  may  be  easily  read.  (Art. 
33,  Sec.  17,  Paragraph  3.) 

The  requirements  to  write  the  word  "Yes"  or  "No"  in  the 
column  headed  "Qualified  Voter"  opposite  the  name  of  each 
voter  is  of  great  importance.  Carelessness  of  officers  of  reg- 
istration in  this  matter  in  the  year  1896  and  each  year  since 
then,  cost  a  number  of  them  each  the  loss  of  a  day  or  more 
time  in  attendance  at  some  one  of  the  courts  of  Baltimore 
city,  and  put  the  city  to  an  expense  of  hundreds  of  dollars. 

At  Close  of  Each  Day  Registries  to  Be  Compared  and  Signed. 

At  the  end  of  each  day  of  registration,  the  two  registries 
shall  be  compared  and  made  to  agree,  and  each  officer  of  reg- 
istration having  custody  of  a  register,  shall  sign  his  name  or 
initials  immediately  under  the  last  name  registered  under 
each  letter,  so  that  other  names  cannot  be  fraudulently  en- 
tered without  discovery.  (Art.  33,  Sees.  17,  20.) 

Alphabetical  Lists. 

Boards  of  Supervisors  of  Elections  will  furnish  to  the  offi- 
cers of  registration  blanks  properly  prepared,  upon  which 
the  officers  of  registration  shall  enter  the  names,  addresses 
and  color  of  all  persons  registered,  and  a  separate  list  of  all 
persons  refused  registration,  and  of  all  persons  whose  names 
are  erased  from  the  registries.  At  the  close  of  each  session  of 
the  Boards  of  Registry  in  Baltimore  city,  except  for  revision 
only,  the  judges  must  deliver  these  lists  to  the  police  officer 
on  duty  at  the  registration  office.  (Art.  33,  Sees.  17,  20.) 


178  REGISTRATION  AND  ELECTION  LAWS 

In  the  city  the  alphabetical  lists  for  the  sitting  for  revision 
only  are  to  be  returned  to  the  Supervisors  with  the  registries 
on  the  day  following  the  sitting  for  revision  only.  (Sec.  24, 
Art  33.) 

In  the  counties  the  alphabetical  lists  for  all  the  sittings 
shall  be  returned  to  the  Supervisors  by  noon  of  the  second  day 
after  the  sitting  for  revision  only.  (Art.  33,  Sec.  35.) 

SECTION  V. 
REVISION  OF  THE  REGISTRIES. 

Names  Improperly  Registered  to  be  Erased — How  Suspected  List 

Made  Up. 

If  at  any  of  your  sittings  prior  to  your  last  sitting  for  re- 
vision only,  any  voter  of  your  ward  or  county  shall  go  before 
you  and  make  oath  that  he  believes  that  an}7  name  upon  your 
registration  books  is  not  that  of  a  qualified  voter,  you  must 
note  that  fact.  (Art.  33,  Sec.  20.) 

Before  separating  on  the  last  day  for  registering  new 
names,  you  must  make  out  two  lists  of  all -persons  against 
whom  any  voter  of  your  ward  or  county  has  made  complaint 
under  oath,  as  provided  in  Section  19,  and  upon  that  list  shall 
also  be  placed  the  names  of  persons  who  have  been  registered, 
but  whom  any  of  the  registers  suspect  may  have  been  impro- 
perly registered.  You  may  omit  from  such  list  any  name  so 
complained  of  if  your  Board  is  satisfied  that  such  person  is 
in  fact  a  qualified  voter.  (Sec.  21.) 

If,  however,  any  one  member  of  your  Board  desires  that 
any  name  so  complained  of  shall  be  placed  upon  such  list,  it 
must  be  placed  thereon.  (Sec.  21.) 

The  two  lists  above  mentioned  shall  be  delivered  to  two  of 
the  members  of  your  Board  of  opposite  political  faith  who 
shall,  on  or  before  the  Friday  following,  mail,  duly  stamped, 
to  the  addresses  given  upon  the  registry,  a  notice  to  each  per- 
son named  upon  the  lists  mentioned  above,  to  appear  before 
the  Board  of  Registry  on  the  Tuesday  next  following  and 
show  cause  why  his  name  should  not  be  erased  from  the  reg- 
istry. If  such  suspected  person  cannot  be  found  at  his  regis- 
tered address,  the  notice  may  be  left  there  for  him.  The  law 
provides  that  any  such  officer,  or  any  person  acting  as  such, 
who  wilfully  neglects  the  duty  above  mentioned  shall  be  guilty 
of  a  misdemeanor  punishable  by  imprisonment  for  not  less 
than  six  months  nor  more  than  twelve  months.  In  case  of  the 
temporary  disability  of  either  of  the  two  members  to  whom 
the  suspected  lists  have  been  delivered,  you  must  appoint  a 
substitute,  who  shall  be  of  the  same  political  faith,  and  who 
shall  perform  all  the  duties  of  the  officer  temporarily  disabled 
until  the  disability  be  removed.  (Sec.  21.  > 


OF  THE  STATE  OF  MARYLAND.  179 

It  is  the  duty  of  all  of  the  officers  of  registration  to  inform 
themselves,  so  far  as  in  their  power,  as  to  all  persons  whose 
names  have  been  placed  upon  the  suspected  lists.  (Art.  33, 
Sec.  21.) 

At  the  last  sitting  of  the  Board  of  Registry,  the  officers  to 
whom  the  lists  of  suspected  voters  were  delivered  shall  make 
affidavit  as  to  the  mailing  of  the  notices  sent  by  them  and  to 
whom  directed,  and  where,  and  as  to  whether  or  not  they 
served  the  notices  personally  on  each  person  on  the  suspected 
list,  or  served  such  notice  by  leaving  the  same  at  the  place 
designated  on  the  registry,  as  the  residence  of  such  person. 
(Art.  33,  Sec.  23.) 

What  to  Be  Done  When  Suspected  Voter  Appears. 

If  a  voter  whose  name  was  on  the  suspected  list  appears  be- 
fore the  Board  of  Registry,  the  oath  set  forth  in  Section  23 
of  the  Act  must  be  put  to  him.  By  the  provisions  of  the  Act 
this  affidavit  must  be  signed  by  the  voter  and  sworn  to  before 
one  of  the  Board  of  Registry.  It  must  be  preserved  and  re- 
turned with  the  registries  to  the  Supervisors.  The  Board  then 
proceeds  to  further  examine  the  suspected  voter,  and  swear 
the  officer  of  registration  who  has  made  the  inquiry  and  hear 
him  upon  the  question,  and  the  Board  should  also  examine, 
under  oath,  any  other  person  whom  it  thinks  can  give  infor- 
mation on  the  subject.  If,  as  a  result  of  such  examination,  a 
majority  of  the  judges  are  of  the  opinion  that  such  person's 
name  should  be  stricken  from  the  registry  it  must  be  stricken 
off.  The  way  in  which  names  are  to  be  erased  is  fully  set 
forth  in  Section  21  of  the  Act,  which  should  be  followed 
strictly.  A  memorandum  of  the  date  upon  which  such  eras- 
ures was  made  and  the  grounds  and  evidence  upon  which  it 
was  made,  must  be  entered  in  the  column  headed  '  *  Remarks. ' ' 
(Art.  33,  Sec.  23.) 

What  to  be  Done  When  Suspected  Voter  Does  Not  Appear. 

If  a  voter  who  has  thus  been  summoned  does  not  appear 
his  name  must  be  stricken  from  the  registry  during  the  last 
hour  of  the  sitting  for  revision,  unless  a  majority  of  the 
Board  of  Registry  are  satisfied  of  their  own  knowledge  or 
from  competent  testimony  produced  before  them  that  the 
name  of  the  voter  is  entitled  to  remain  upon  the  books.  (Art. 
33,  Sec.  23.) 

Under  What  Circumstances  Majority  Vote  of  the 
Registers  is  Necessary. 

No  one  can  be  registered  unless. a  majority  of  the  judges, 
that  is  to  say,  both  of  them  in  the  county  and  three  out  of 
four  in  the  city,  are  satisfied  that  he  is  a  qualified  voter.  No 


180  REGISTRATION  AND  ELECTION  LAWS 

person  summoned  to  appear  before  the  Board  of  Registry  as 
a  suspected  voter,  who  appears,  can  be  stricken  off  unless  a 
majority  of  the  judges,  that  is  to  say,  two  in  tlie  county  and 
three,  at  least,  in  the  city,  are  satisfied  that  he  ought  to  be 
stricken  off.  If,  however,  he  does  not  appear,  he  must  be 
stricken  off  unless  a  majority  of  the  judges  are  satisfied  that 
lie  ought  to  remain  on  the  registries. 

Last  Sitting  is  for  Revision  Only. 

A  person  who  at  one  of  the  sittings  for  registration  applied 
for  registration  but  who  was  then  determined  by  the  Board 
of  Registry  to  be  disqualified,  and  was  so  entered  upon  the 
registries,  may  again  apply  at  the  sitting  for  revision  only, 
and  if  the  disqualification  has  been  in  the  meantime  removed, 
he  may  and  must  be  entered  as  a  qualified  voter ;  but  no  per- 
son who  has  not  applied  during  one  of  the  sittings  for  new 
registration  can  be  registered  at  the  sitting  for  revision. 

SECTION  VI. 
INTERMEDIATE  REGISTRATION. 

NOTE  : — The  subjects  discussed  under  this  head,  except  such 
portion  of  them  as  relate  to  transfers  or  removal  certificates, 
are  applicable  to  the  counties  only. 

When  and  How  Long  Registers  Sit  in  Years  of  Revision. 

In  years  of  revision  in  the  counties,  the  registers  sit  for  the 
first  time  on  Tuesday,  five  weeks  before  the  election,  and  for 
the  second  time  on  Tuesday,  four  weeks  before  the  election 
from  8  A.  M.  until  7  P.  M.  (Art.  33,  Sec.  31.) 

.     How  Voters  Are  Registered  at  Intermediate  Registration. 

So  far  as  concerns  persons  who  are  to  be  registered  for  the 
first  time  since  the  beginning  of  registration  in  1896,  the 
method  of  procedure  in  years  of  intermediate  registration  is 
the  same  as  in  years  of  general  registration. 

When  and  Where  Removal  Certificates  Will  Be  Required. 

A  registered  voter  of  any  precinct  in  any  county  or  the  city 
of  Baltimore  who  moves  therefrom  to  another  precinct  must 
produce  a  removal  certificate  showing  that  his  name  has  been 
Btricken  off  in  the  precinct  'in  which  he  was  registered,  before 
he  can  be  registered  in  the  precinct  to  which  he  has  removed^ 
(Art.  33,  Sees.  27,  31.) 


OF  THE  ST.ATK  OF  MAHYL.\\J>.  1H 

Griving  Transfers  or  Removal  Certificate. 

Application  for  a  removal  certificate  for  a  person  whose 
name  is  still  unerased  upon  the  registries  can  be  made  by  that 
person  only,  as  he  must  be  sworn.  If  the  name  had  already 
been  erased,  the  removal  certificate  must  be  given  to  the  voter 
himself,  or  to  ,-mv  one  else  making  application  therefor.  (Art. 
33,  Sec.  31.) 

Erasing  Names  in  Years  of  Intermediate  Registration. 
How  Suspected  List  is  Made  Up. 

After  the  close  of  the  session  on  Tuesday,  four  weeks  be- 
fore the  election,  the  Board  of  Registry  is  required  by  Sec- 
tion 33  to  note  for  erasure  the  names  of  all  persons  whom 
they  know  or  suppose  to  be  dead  or  to  have  removed,  or  to  be 
otherwise  disqualified.  In  making  out  this  list  the  judges  are 
bound  to  treat  as  suspected  all  persons  against  whom  com- 
plaint under  oath  has  been  made  in  the  form  set  forth  in  Sec- 
tion 33  of  the  Election  Law.  unless  both  members  of  the  Board 
know  or  are  satisfied  that  such  complaint  is  untrue.  After 
noting  these  names,  they  shall  make  up  a  list  of  them  under 
three  headings;  one  ''Disqualified  Voter/'  under  which  shall 
be  placed  the  names  of  all  persons  disqualified  because  of  the 
conviction  of  infamous  crime  or  having  given  or  received 
bribes  or  who  are  otherwise  disqualified.  Under  the  list  head- 
ed "'Deceased  Voters,"  shall  be  placed  the  names  of  all  per- 
sons known  or  supposed  to  be  dead,  and  under  the  list  "Re- 
moved, ' '  all  persons  supposed  or  known  to  have  removed  from 
their  last  voting  place.  (Art,  33,  Sec.  33.) 

Suspected  List  Investigated  as  in  Years  of  New  Registration. 

The  Glerk  of  the  Board  of  Registry  selected  as  in  years  of 
general  registration  by  lot,  shall  proceed  to  notify  the  per- 
sons whose  names  are  upon  such  suspected  list,  and  to  ascer- 
tain the  facts  concerning  them  in  same  manner  as  is  required 
to  be  done  with  reference  to  the  names  upon  the  suspected  list 
in  years  of  general  registration.  (Art.  33,  Sec.  33.) 

Proceedings  at  Final  Sitting  for  Revision. 

In  years  of  intermediate  registration,  the  Board  holds  a 
third  and  final  sitting  on  Tuesday  three  weeks  before  the  elec- 
tion, -at  which  time  they  sit  from  8  A.  M.  until  7  P.  M.  The 
Clerk  of  the  Board  of  Registry  shall  make  an  affidavit,  setting 
forth  in  detail  the  facts  noted  by  him  as  to  the  persons  on  said 
suspected  list,  giving  the  names  and  addresses  of  those  not 
found  and  names  and  addresses  of  those  served  with  such  no- 
tice at  the  designated  place  of  residence,  stating  how  service 
was  made,  ami  also  stating  the  names  and  addresses  of  all 


182  REGISTRATION  AND  ELECTION  LAWS 

those  to  whom  such  notice  was  mailed  and  when  mailed.  The 
proceedings  with  reference  to  such  names  are  substantially 
the  same  as  those  which  are  taken  011  the  day  of  revision  in 
years  of  new  registration,  with  reference  to  names  on  the  sus- 
pected list  for  that  year,  and  are  set  forth  in  detail  in  Section 
30  of  the  Election  Law.  As  in  years  of  new  registration  the 
names  of  persons  who  appear  before  the  Board  remain  on  the 
registries,  unless  both  of  the  judges  are  satisfied  they  ought  to 
be  erased.  The  names  of  those  persons  who  do  not  appear 
must  be  stricken  off  unless  both  judges  are  satisfied  that  they 
should  remain  on.  In  the  column  headed  <;  Remarks"  you 
must  note  upon  your  registries  opposite  each  name  erased  by 
you  the  reason  why  you  erased,  the  date  you  did  it,  and  the 
evidence  upon  which  you  acted.  (Art.  33.  Sees.  34.  35.) 

SECTION  VII. 
Registries  Always  Open  to  Inspection. 

The  Board  of  Registry  when  in  session,  and  any  member  of 
it  when  not  in  session,  who  has  actual  custody  of  the  registry 
of  voters,  must  permit  its  inspection  by  any  one  wishing  to 
inspect  it  in  the  presence  of  the  Board  of  Registry,  or  of  the 
member  or  members  of  the  Board  in  whose  custody  at  the  time 
the  registry  may  be,  but  not  otherwise.  The  Board  of  Regis- 
try shall  upon  application  furnish  to  any  one  a  copy  of  any 
entry  in  the  registry.  (Art.  33,  Sec.  40.) 

SECTION  Vin, 

Supplementary  Registration  in  Baltimore  City  for 
Municipal  Election. 

Section  17  of  the  new  charter  of  Baltimore  city,  Act  of 
1898,  Chapter  123,  etc.,  provides  for  a  sitting  of  the  Boards 
of  Registry  in  each  precinct  in  Baltimore  city  on  the  first  and 
second  Mondays  of  April  next  preceding  the  biennial  muni- 
cipal election ;  that  is,  on  the  first  and  second  Mondays  of 
every  April  in  every  odd-numbered  year  thereafter. 

The  Boards  of  Registry  will  sit  from  9  A.  M.  to  9  P.  M. 
They  will  be  furnished  with  the  original  registries  made  out 
by  them  in  September  and  October  preceding. 

So  far  as  concerns  the  registration  of  applicants  for. new 
registration,  they  will  proceed  in  all  respects  as  they  did  on 
the  days  in  which  they  sat  for  registration  at  the  general  reg- 
istration. They  will  enter  the  name  of  each  applicant  upon 
the  original  registry  made  up  in  the  preceding  fall,  and  will 
make  all  the  same  inquiries  and  the  same  entries  concerning 
of  said  applicants  as  they  are  required  to  make  of  ap- 


OF  THE  STATE  OF  M  \in  LAND.  IS:; 

plicants  presenting  themselves  for  registration  at  the  general 
registration,  and  will,  in  like  manner,  determine  and  enter 
upon  the  registry  the  qualifications  or  disqualifications,  as 
the  case  may  be,  of  each  of  said  applicants. 

The  law  requires  the  Board  of  Registry  to  strike  from  the 
registration  books  and  lists  the  names  of  those  persons  who 
have  died  or  become  disqualified  since  the  October  sitting. 
The  Board  of  Supervisors  of  Elections  of  Baltimore  city  may 
and  doubtless  will  adopt  regulations  and  issue  instructions 
with  reference  to  the  procedure  to  be  followed  in  carrying 
out  the  requirement  to  strike  off  the  names  of  dead  and  dis- 
qualified persons.  If  such  regulations  and  instructions  shall 
be  adopted,  copies  of  them  will,  of  course,  be  furnished  to  the 
judges  of  election  in  time  for  their  guidance. 


184  REGISTRATION  AND  ELECTION*  LAWS 


PART  II. 

Instructions  to  Judges  of  Election  When  Acting  as  Such. 


SECTION  I, 
OPENING  OF  THE  POLLS. 

Hours  for  Opening  Polls. 

Baltimore  city 6  A.  M.  to  5  P.  M. 

The  counties 8  A.  M.  to  6  P.  M. 

(Art,  33,  Sec.  63.) 

Judges  Must  Be  Punctual. 

Absence  or  lateness  of  judge  is  an  offense  punishable  by 
fine  or  imprisonment.  (Art.  33,  Sec.  107.) 

Judges  to  Fill  Vacancies  Among  Judges  and  Clerks. 

If  any  judge  or  clerk  is  not  present  at  the  expiration  of 
fifteen  minutes  after  the  time  fixed  for  the  opening  of  the 
polls,  the  judge  or  judges  present  shall  fill  the  place  of  the 
absent  judge  or  clerk  by  appointing  in  his  stead  a  person  of 
the  same  political  party  as  the  absentee.  One  of  the  judges 
administers  to  the  newly  appointed  judge  or  clerk  the  oath 
required  of  the  judge  or  clerk  originally  appointed.  (Art.  33, 
Sec.  63.) 

Judge  or  Clerk  Compelled  to  Leave  Polling  Room  Must 
Appoint  Substitute. 

After  the  polls  are  opened,  no  judge  or  clerk  can  leave  them 
until  the  ballots  have  been  cast  and  counted  and  the  returns 
completed.  If  absolute  necessity  compels  the  absence  of  judge 
or  clerk,  such  judge  or  clerk  before  he  leaves  must  appoint 
some  person  of  the  same  political  party  as  himself  to  act  in 
his  stead  until  his  return,  having  first  administered  to  such 
substitute  the  same  oath  that  he  himself  has  taken.  Blank 
forms  for  the  appointment  of  such  substitute  judges  and 
clerks,  and  of  the  oath  to  be  taken  by  them,  will  be  furnished 
at  each  polling  place  by  the  Supervisors  of  Election.  The 


OF  THE  STATE  OF  M .A u v LAND.  !>•""> 

oath  administered  shall  be  preserved  and  returned  by  the 
judges  to  the  supervisors.  A  record  shall  be  made  by  the 
judges  in  the  poll  book  of  the  appointment  and  swearing  in 
of  such  substitute,  and  the  reason  therefor,  and  of  the  time 
such  substitute  began  and  ceased  to  serve.  When  the  judge 
or  clerk  in  whose  stead  the  substitute  was  appointed,  returns, 
such  substitute  shall  cease  to  act.  (Art.  33,  Sec.  63.) 

Judges  Shall  Permit  Inspection  of  Ballot  Box. 

Precisely  at  6  o'clock  in  the  morning  in  the  city,  and  pre- 
cisely at  8  o'clock  in  the  counties,  the  judges,  before  they  re- 
ceive any  ballots,  must  open  the  ballot  box  to  be  used.  They 
take  out  of  it  the  poll  books,  ballots  and  all  the  blanks  and 
stationery  which  they  find  in  it.  Then  they  must  permit  all 
persons  rightfully  present  to  examine  such  ballot  box  and 
every  part  thereof.  (The  persons  rightfully  present  will  be 
the  officers  of  election,  the  challengers  and  such  voters  as  may 
be  waiting  to  vote.)  When  this  examination  has  been  com- 
pleted the  ballot  box  shall  then  be  locked,  and  the  key  de- 
livered to  one  of  the  judges,  and  it  shall  not  then  be  there- 
after opened  until  the  closing  of  the  polls.  (Art.  33,  Sec.  67.) 

Position  of  Ballot  Box  During  the  Election. 

From  the  time  the  ballot  box  is  inspected  until  the  closing 
of  the  polls,  it  shall  be  kept  constantly  in  sight  of  all  persons 
entitled  to  be  present.  It  must  be  so  placed  in  the  room  that 
the  voter  offering  his  ballot,  and  the  judges  and  clerks  and  all 
persons  entitled  to  be  present  can  conveniently  see  every  bal- 
lot as  it  is  deposited  therein.  The  ballot  box  must  be  placed 
not  more  than  six  nor  less  than  five  feet  from  the  guard  rail. 
(Art.  33,  Sees.  66  and  67.) 

When  Package  of  Official  Ballots  to  Be  Opened. 

The  sealed  package  of  ballots  from  the  supervisors  must 
not  be  opened  until  after  the  ballot  box  has  been  examine*!. 
closed  and  locked.  (Art.  33,  Sec.  67.) 

Ballots  to  Be  Examined  When  Opened. 

When  opened  judges  should  look  at  endorsement  on  bal- 
Jots  to  be  certain  that  they  have  the  ballots  for  their  precinct 
and  not  for  some  other. 

How  Extra  Ballots  to  Be  Obtained. 

If  the  package  of  ballots  when  opened  is  found  not  to  con- 
tain the  correct  ballots,  or  if  at  any  time  during  the  day  the 


186  REGISTRATION  AND  ELECTION  LAWS 

supply  of  ballots  from  any  cause  runs  short,  the  judges  must 
make  a  written  requisition  upon  the  sheriff  in  the  counties 
and  upon  the  police  commissioners  in  the  city,  for  an  extra 
supply  of  ballots,  stating  why  they  are  needed.  This  requisi- 
tion will  be  handed  to  the  deputy  sheriff  or  policeman  on  duty 
at  the  polling  place,  and  upon  receiving  it,  he  will  immediately 
deliver  the  package  of  ballots  in  his  custody  to  the  judges,  and 
take  their  receipt  therefor.  (Art.  33,  Sec.  60.) 

SECTION  II. 
Powers  of  Judges  to  Order  Arrest. 

The  judges  of  election  and  each  of  them  have  authority  to 
keep  the  peace,  and  to  cause  any  person  to  be  arrested  who 
has  committed  any  breach  of  the  election  laws,  or  has  inter- 
fered with  the  conduct  of  the  election  or  the  count  of  the  bal- 
lots. It  is  made  the  duty  of  all  officers  of  the  law  to  obey 'the 
order  of  any  judge  of  election ;  and  an  officer  making  an  ar- 
rest by  order  of  such  judge  will  be  protected  in  so  doing  as 
fully  as  if  a  warrant  had  been  issued  to  him  to  make  such  ar- 
rest. It  will  be  noted  that  any  one  of  the  judges  can  order 
the  arrest.  It  is  not  necessary  that  a  majority  of  the  judges 
concur  in  the  order.  (Art.  33,  Sec.  62.) 

SECTION  HI. 

CHALLENGERS  AND  WATCHERS. 
Rights  and  Duties  of  Challengers. 

Each  political  party  and  body  of  voters  having  a  candidate 
or  candidates  duly  nominated,  has  the  right  to  have  a  chal- 
lenger and  watcher  at  each  polling  place.  It  is  the  duty  of 
the  judges  of  election  and  the  police  to  protect  the  challengers 
and  watchers  in  the  discharge  of  their  duty.  Each  challenger 
should  have  a  certificate  signed  by  the  candidates  or  by  the 
presiding  officer  of  the  chief  managing  committee  of  his  party 
in  the  city  or  county  in  which  he  claims  to  act.  (Art.  33, 
Sec.  64.) 

It  may  happen  that  a  person  claiming  to  be  a  challenger  or 
watcher  has  110  certificate.  In  such  cases  he  must  be  admitted 
if  he  shall  be  vouched  for  by  the  persons  present  belonging  to 
the  political  party  he  claims  to  represent  or  by  a  judge  be- 
longing to  that  party.  (Art.  33,  Sec.  64.) 

Challengers  May  be  Removed  by  the  Persons  Appointing  Them. 

A  challenger  may  be  removed  at  any  time  by  the  same  per- 
son or  committee  or  the  chairman  of  the  committee  which  ap- 
pointed him.  (Art.  33,  Sec.  64.) 


OF  THE  STATK  UK  MARYL\M>.  1*7 

Position  of  Challenger  and  Watchers  in  Poll  Room. 

From  the  time  the  polls  open  until  the  time  they  are  closed 
the  challenger's  position  is  in  the  poll  room  outside  the  guard 
rail,  but  as  near  the  judges  as  practicable  so  that  he  can  see 
every  person  who  offers  to  vote.  From  the  time  the  polls  close 
until  the  returns  are  finally  made  up  and  all  the  work  of  the 
election  completed,  the  challengers  have  the  right  to  be  behind 
the  guard  rail  and  take  such  position  as  will  enable  them  to  see 
everything  that  is  done  and  how  it  is  done.  (Art.  33,  Sec.  64.) 

Penalty  for  Excluding  Challengers  or  Watchers. 

To  refuse  to  permit  the  challengers  to  take  the  positions 
above  prescribed  is  an  offense  punishable  by  a  fine  not  ex- 
ceeding $1,000  or  by  imprisonment  not  exceeding  one  year,  or 
by  both.  (Art.  33,  Sec.  64.) 

What  Challengers  Must  Not  Do. 

No  challenger  or  watcher  has  any  right  to  inquire  or  as- 
certain for  whom  any  voter  desires  to  vote  or  has  voted,  or  to 
confer  in  the  polling  room  with  any  voter,  or  to  assist  him 
in  the  preparation  of  his  ballot.  It  will  be  the  duty  of  the 
judges  whenever  a  challenger  or  watcher  does  any  of  the 
things  above  stated  to  exclude  such  challenger  or  watcher 
from  the  polling  room.  The  challenger  or  watcher  will  also 
be  liable  to  criminal  prosecution.  (Art.  33,  Sec.  64.) 

When  Citizens  May  Come  Into  Poll  Room  to  Challenge. 

Persons  other  than  challengers  who  desire  to  challenge  the 
vote  of  any  person  inside  the  polling  room  are  permitted  by 
law  to  enter  the  room  for  such  purpose.  The  majority  of  the 
judges,  however,  may  limit  the  number  of  persons  allowed  in 
the  room  for  such  purpose,  and  any  person  who  enters  the 
room  for  such  purpose  must  leave  it  as  soon  as  the  right  to 
vote  of  the  person  challenged  has  been  decided.  (Art.  33, 
Sec.  64.) 

No  Electioneering  Within  100  Feet  of  Polling  Room. 

No  person  is  permitted  to  canvass  or  electioneer  in  the  poll 
room  or  within  100  feet  thereof,  nor  can  anyone  hold  any 
tickets  or  fac-simile  of  tickets  or  papers  purporting  to  be 
tickets,  either  within  the  polling  room  or  within  100  feet 
thereof.  Any  person  so  offending  shall  be  fined  not  less  than 
$50  or  more  than  $100.  or  imprisoned  in  jail  not  less  than 
sixty  days,  or  both.  It  will  be  the  duty  of  the  judges  of  elec- 
tion to  enforce  this  provision  of  law.  (Art.  33.  Sec.  111.) 


REGISTRATION  AND  ELECTION  LAWS 
Assistance  in  Marking  Ballot. 

ILL  Baltimore  city,  Baltimore,  Wicomico,  Carroll,  Washing- 
ton, Dorchester,  Queen  Anne's,  Allegany,  Cecil,  Montgomery, 
Howard,  Caroline,  Harforcl,  Frederick.  Garrett,  Somerset, 
Talbot  and  Worcester  counties,  any  voter  may  take  with  him 
into  the  polling  place  any  written  or  printed  memorandum  or 
paper  to  assist  him  in  marking  or  preparing  his  ballot,  except 
a  fac-simile  of  the  ballot  to  be  voted.  (Art.  33,  Sees.  49,  54.) 

In  Anne  Arundel,  Calvert,  Charles,  Kent,  Prince  George's 
and  St.  Mary's  counties,  however,  it  is  unlawful  for  any 
voter  to  take  into  the  polling  place  or  booth  any  sample  or 
fac-simile  of  the  ballot,  or  to  use  any  sample  or  fac-simile 
of  the  ballot  when  marking  his  ballot,  or  to  take  into  the  poll- 
ing place  or  use  when  marking  his  ballot  any  stencil,  ruler, 
measure  or  other  mechanical  devise  of  any  material  or  form 
as  a  means  of  aid,  guidance  or  assistance  in  marking  his 
ballot.  (Art,  33,  Sec.  49.) 

SECTION  IV. 
HOW  VOTES  ARE  TO  BE  RECEIVED. 

Division  of  Duties  Among  the  Judges. 

Two  of  the  judges  will  handle  the  registries,  another  judge 
will  have  charge  of  the  blank  ballots,  and  the  fourth  will  re- 
ceive the  ballots.  (Art.  33,  Sec.  68.) 

What  is  to  be  Done  Before  Voter  Allowed  Behind  Guard  Rail. 

When  a  voter  applies  to  vote,  he  shall  give  his  name  and 
residence  to  the  judge  holding  the  ballots.  The  judge  shall 
then  repeat  the  name  in  a  loud  and  distinct  voice.  The  judges 
having  charge  of  the  registries  will  then  find  the  name  of  the 
voter  upon  them,  and  having  found  it,  they  repeat  the  name. 
The  voter  will  then  be  allowed  to  pass  the  guard  rail.  If  the 
name  of  the  person  desiring  to  vote  cannot  be  found  on  the 
registries,  no  ballot  can  be  given  him.  Remember,  however, 
that  as  hereinafter  explained,  misspelling  of  a  name,  an  in- 
correct address  or  wrong  initials  on  registries,  do  not  disfran- 
chise. (Art,  33,  Sees.  68,  70.)  . 

Judge  Holding  Ballots  to  Put  Voter's  Name  and  Number  on 
Coupon  and  Judge's  Name  or  Initials  on  Ballots. 

The  judge  holding  the  ballots  then  writes  in  ink  the  voter's 
name  and  number  upon  the  coupon  of  the  ballot,  and  his  own 
name  or  initials  upon  the  ballot  itself.  The  number  on  the 


OF  TIII:  ST\TE  OF  MARYLVND.  189; 

ballot  will  be  the  same  which  the  clerks  enter  upon  their  poll 
books,  and  will  be  the  next  number  to  that  put  upon  the  ballot 
last  issued,  so  that  the  numbers  will  run  upwards  from  one 
consecutively,  the  first  voter  being  numbered  one,  and  so  on. 
At  this  time  the  clerk  shall  enter  the  name  of  the  voter,  and 
his  number  upon  their  respective  poll  books.  The  judge  hav- 
ing charge  of  the  ballots  must  be  careful  under  no  circum- 
stances to  omit  entering  his  name  or  initials  upon  the  ballot 
itself,  and  must  be  equally  careful  to  put  the  voter's  name 
and  number  upon  the  coupon  only,  so  that  when  the  coupon 
is  detached  there  will  be  no  trace  of  either  the  voter's  name 
or  number  left  on  the  ballot  itself.  (Art.  33,  Sec.  68.) 

The  wilful  neglect  of  any  judge  of  election  in  charge  of 
the  ballots  to  put  his  initials  on  every  ballot  given  out  by  him 
is  punishable  by  imprisonment  in  jail  for  not  less  than  thirty 
(30)  days  or  more  than  three  (3)  years,  or  by  a  fine  of  not 
less  than  fifty  ($50)  dollars  nor  more  than  one  thousand  ($1,- 
000)  dollars,  or  by  both  fine  and  imprisonment.  (Art.  33, 
Sec.'  96.) 

What  Voter  Must  Do  With  Ballot. 

After  receiving  his  ballot  the  voter  at  once,  without  going 
outside  the  guard  rail,  proceeds  alone  to  one  of  the  booths  or 
compartments  and  there  prepares  his  ballot  by  marking  it  in 
the  manner  hereinafter  mentioned.  Not  more  than  one  voter 
shall  be  allowed  to  enter  any  one  booth  at  the  same  time.  He 
cannot  stay  in  the  booth  more  than  seven  minutes,  provided 
any  other  voters  are  waiting  to  vote.  Before  leaving  the  vot- 
ing booth  the  voter  folds  his  ballot  in  the  same  way  in  which 
it  was  folded  when  he  received  it  from  the  judges,  and  with- 
out displaying  the  marks  thereon.  The  signature  or  initials 
of  the  judge  from  whom  he  received  it,  and  the  name  and 
number  written  on  the  coupon  will  thus  show,  but  nothing 
else.  He  forthwith  hands  his  ballot  to  the  judge  at  the  ballot 
box  and  gives  his  name  and  residence.  (Art.  33,  Sec.  68.) 

What  Judges  Are  to  Do  When  Voter  Hands  in  His  Ballot. 

The  judge  in  charge  of  the  ballot  box  must  satisfy  himself 
that  the  voter  who  tenders  the  ballot  is  the  same  man  who  re- 
ceives it  from  the  judges.  Wlien  so  satisfied,  the  judge  in 
charge  of  the  ballot  box  detaches  therefrom  the  coupon,  and 
strings  the  coupon  upon  a  cord  or  wire  provided  for  the  pur- 
pose and  then  deposits  the  ballot  in  the  ballot  box.  The  judge 
at  the  ballot  box  must  make  sure  that  each  ballot  handed  to 
him  has  upon  it  the  initials  of  the  judge  in  charge  of  tho 
ballots,  for  under  the  law,  no  ballot  without  such  initials 
upon  it  can  lawfully  be  deposited  in  the  ballot  box. 

Knowingly  to  put  in  the  ballot  box  any  ballot  without  its 
having  such  initials  upon  it,  or  wilfully  to  neglect  to  examine 


190  REGISTRATION  AND  ELECTION  LAWS 

a  ballot  to  find  out  whether  it  has  or  has  not  such  initials 
upon  it  is  an  offense  punishable  by  imprisonment  for  not  less 
than  thirty  (30)  days  nor  more  than  three  (3)  years,  or  by  a 
fine  of  not  less  than  fifty  ($50)  dollars  nor  more  than  one 
thousand  ($1,000)  dollars,  or  by  both  fine  and  imprisonment. 
(Art.  33,  Sec.  96.) 

When  the  ballot  of  a  voter  is  deposited  in  the  ballot  box 
the  judges  having  charge  of  the  registries,  then  in  the  column 
headed  "Voted"  in  the  same  line  with  the  name  of  the  voter, 
write  the  word  "Voted"  or  letter  "V."  (Art.  33,  Sec.  68.) 
If  there  is  no  unused  column  headed  "Voted"  in  the  books 
of  registration  for  the  election  in  1912  and  1913,  either  col- 
lumns  must  be  ruled  at  such  positions  on  the  pages  of  the 
books  of  registry  as  the  local  Boards  of  Supervisors  of  Elec- 
tions may  direct,  or  columns  must  be  ruled  on  slips  of  paper 
to  be  pasted  011  the  different  pages  of  the  books  of  registry  on 
which  columns  it  may  be  designated  whether  the  different 
voters  vote  at  the  elections  of  1912  and  1913. 

It  is  for  the  local  Boards  of  Supervisors  of  Elections  to 
determine  the  position  on  the  respective  pages  where  these 
additional  columns  shall  be  ruled,  and  whether  they  shall  be 
ruled  on  the  existing  pages,  or  upon  slips  of  paper  attached 
io  such  pages. 

Judges  and  Clerks  Must  Strictly  Follow  the  Law. 

It  will  be  the  duty  of  the  judges  and  clerks  of  election  strict- 
ly to  conform  themselves  to  the  requirements  of  the  law.  It  is 
not  open  to  them  nor  to  anyone  to  say  that  the  provisions  of 
the  law  in  any  respect  are  unimportant.  All  the  details  pre- 
scribed by  law  must  be  strictly  followed. 

What  Voter  Must  Do  to  Receive  Assistance. 

He  must  first  make  an  oath  that  he  is  unable  to  mark  his 
ballot,  either  by  reason  of  blindness  or  physical  disability. 
(Art.  33,  Sec.  69.) 

How  Assistance  is  to  Be  Given  Voters. 
(See  instruction  to  clerks  of  election.) 

SECTION  VI. 

SPOILED  AND  NOT  VOTED  BALLOTS. 
What  to  be  Done  When  Voter  Spoils  His  Ballot. 

If  a  voter  spoils  his  ballot  he  may  get  another,  after  he  re- 
turns the  spoiled  one.  but  not  before.  The  same  number  is 
put  upon  the  coupon  of  the  new  ballot  as  was  on  the  old  one. 
No  voter  can  receive  more  than  three  ballots.  If  he  spoils  all 


<>]••  TMK  STATK  OF  MARYLAND.  191 

three  he  loses  his  vote.  A  ballot  returned  to  the  judge  hold- 
ing the  ballots  by  the  voter  as  having  been  spoiled,  must  be 
at  once  cancelled  by  the  judge  by  endorsing  the  word  "spoil- 
ed" upon  it.  The  spoiled  ballots  shall  be  preserved  and  re- 
turned to  the  Supervisors  of  Elections  along  with  the  unused 
ballots.  (Art.  33,  Sec.  70.) 

What  to  be  Done  When  Voter,  After  Receiving  a  Ballot,  Decides 
Not  to  Vote  It. 

When  a  voter  receives  his  ballot  and  does  not  vote  it  he 
must  deliver  it  to  the  judge  from  whom  he  received  it  before 
leaving  the  poll-room  or  outside  the  guard  rail,  and  such  bal- 
lot so  redelivered  shall  be  treated  as  a  spoiled  ballot.  (Art. 
33,  Sec.  70.) 

Official  Ballots  Not  Allowed  Outside  of  Guard  Rail. 

The  judges  must  be  careful  never  to  permit  anyone,  under 
anv  pretext  whatever,  to  take  official  ballots  outside  of  the 
guard  rail.  (Art.  33.  Sec.  70.) 

SECTION  VII. 
CHALLENGED  VOTERS. 
When  Challenge  to  be  Decided. 

Whenever  a  voter  is  challenged  he  must  be  allowed  to  re- 
ceive his  ballot  and  mark  it.  When  he  hands  his  ballot  to  the 
judge,  and  not  before,  the  question  whether  he  is  or  is  not  en- 
titled to  vote  must  be  decided.  (Art.  33,  Sec.  70.) 

How  Challenge  Decided. 

The  challenger  shall  be  required  to  state  his  reasons  for  the 
challenge.  The  voter  challenged  shall  be  sworn  and  ques- 
tioned. If  a  majority  of  the  judges  are  of  the  opinion  that  he 
is  the  person  who  was  registered,  his  vote  shall  be  received. 
The  judges  have  nothing  to  do  with  the  question  whether  he 
was  or  was  not  entitled  to  be  registered,  tinder  the  Constitu- 
tion of  the  State,  the  fact  that  he  has  registered  is,  so  far  as 
the  judges  of  election  are  concerned,  conclusive  of  his  right  to 
vote;  their  business  is  simply  to  satisfy  themselves  that  the 
person  offering  to  vote  is  the  person  who  registered.  (Art. 
33,  Sec.  70.) 

Judges  Ignoring  Challenge  Punishable. 

When  a  voter  is  challenged  the  judges  must  swear  him  and 
examine  him  as  above  directed.  A  failure  or  refusal  to  do  so 
is  a  punishable  offense.  (Art.  33,  Sec.  70.) 


192  REGISTRATION  AND  ELECTION  LAWS 

Judge  Must  Challenge  Voter  Himself  if  He  Knows  or  Suspects 
Him  Not  to  Be  the  Person  He  Claims  to  Be. 

If  a  judge  knows  or  believes  a  person  offering  to  vote  not  to 
be  the  person  registered,  he  must  challenge  him  himself,  if 
no  one  else  does.  (Art.  33,  Sec.  70.) 

Misspelling  of  Name,  Wrong  Initials,  Etc.,  Do  Not 
Disfranchise  Voter. 

The  fact  that  a  voter's  name  is  wrongly  spelled  on  the  reg- 
istry, or  that  he  has  given  a  wrong  initial  or  more  initials  than 
he  has  or  that  one  or  more  than  one  of  his  initials  are  omitted, 
or  that  he  states  his  initials  or  Christian  name  in  a  different 
way  from  the  way  in  which  it  is  registered,  or  that  there  is 
an  error  in  the  number  of  his  residence  on  the  registry,  shall 
not,  the  law  expressly  declares,  affect  his  right  to  vote,  if  a 
majority  of  the  judges  are  satisfied  that  he  is  the  man  who 
did  actually  register,  and  that  he  intended  to  register  his  true 
name  and  residence.  (Art.  33,  Sec.  70.) 

Majority  of  Judges  Necessary  to  Receive  a  Challenged  Vote. 

If  a  voter  is  challenged,  his  vote  cannot  be  received  unless  a 
majority  of  the  judges  of  election,  that  is  to  sa"y,  at  least 
three,  are  satisfied  that  he  has  the  right  to  vote.  (Art.  33, 
Sec.  70.) 

What  to  Be  Done  With  Rejected  Ballots. 

When  a  majority  of  the  judges  are  not  satisfied  that  a  chal- 
lenged voter  is  the  person  registered,  his  ballot  must  be 
rejected. 

Whenever  a  ballot  is  rejected,  the  word  "rejected"  shall  be 
written  upon  it  by  the  judge  at  the  ballot  box.  The  judge 
shall  then  return  the  same  still  folded,  arid  with  its  coupon 
attached,  to  the  judge  holding  the  ballots.  All  ballots  return- 
ed to  the  judge  holding  the  ballots  must  be  immediately 
strung  by  him  upon  a  cord  or  wire,  still  folded,  and  with  the 
coupon  attached,  and  each  endorsed  upon  the  back  with  the 
words  "spoiled,"  "rejected,"  or  "not  voted,"  as  the  case 
may  be.  All  such  ballots  must  be  returned  to  the  Supervisors 
of  Elections,  as  hereinafter  directed.  (Art.  33.  Sec.  70.) 

SECTION  VIII. 
Closing  the  Polls. 

Hours  of  closing  polls — Counties,  6  P.  M. :  Baltimore  City, 
5  P.  M.  (Art.  33,  Sec.  63.) 


OF  Tin:  STATI-:  OF  M  \RYI,ANI>.  193 

WHAT  TO  BE  DONE  BEFORE  BALLOT  BOX  IS  OPENED. 

First: — Challengers  and  Watchers  Permitted  to  Come 
Behind  Guard  Rail. 

When  the  hour  for  the  closing  of  the  polls  arrives,  the  polls 
shall  be  closed,  and  the  challengers  permitted  to  come  behind 
the  guard  rail.  (Art.  33,  Sec.  71.) 

Second: — Unused  Ballots  Sealed  Up. 

Before  the  ballot  box  is  opened  all  the  unused  ballots  must 
be  sealed  up  and  marked  "unused  ballots,"  and  the  signa- 
tures of  the  judges  endorsed  upon  the  package.  (Art.  33, 
Sec.  71.) 

Third: — Coupons  Taken  Off  Voted  Ballots  to  be  Destroyed. 

Before  the  ballot  box  is  opened,  all  coupons  taken  from  the 
ballots  cast  shall  be  destroyed.  You  will  perceive  here  that 
the  coupons  are  not  to  be  taken  from  the  spoiled,  rejected  and 
not  voted  ballots.  The  coupons  to  be  destroyed  are  the  cou- 
pons which  have  been  taken  off  the  ballots  which  have  been 
actually  placed  in  the  ballot  box.  (Art.  33,  Sec.  72.) 

Fourth: — Judge  Shall  Write  "No"  on  Registries  After  Each 
Name  Not  Voted. 

Before  the  ballot  box  is  opened  the  judges  shall  write  in 
ink  on  their  registries  opposite  to  and  against  the  name  of 
each  person  entered  on  their  registry,  who  is  not  shown  by 
such  registry  to  have  been  voted,  and  under  the  column  head- 
ed "Voted"  the  word  "No."  so  that  the  whole  column  may 
be  filled  up.  (Art.  33,  Sec.  72.) 

Fifth: — Compare  Registries  and  Count  and  Announce  Number  of 
Persons  Who  Have  Voted. 

After  the  judges  have  filled  up  the  column  headed  "Voted" 
as  above  directed,  and  before  the  ballot  box  is  opened,  tlu-y 
must  compare  their  registries  and  see  that  they  agree,  count 
the  number  of  names  of  persons  who  have  voted,  and  an- 
nounce that  number  in  a  loud  voice.  (Art.  33.  Sec.  72.) 

SECTION  IX. 

Counting  the  Ballots. 

Election  officials  should  read  the  decision  of  the  Court  of 
Appeals  relating  to  the  counting  of  ballots  in  the  following 
cases : 

94  Md.,  Duvjill  v.  Miller,  and 
96  Md.,  Coulclian  v.  "White. 
7 


194  REGISTRATION  AND  ELECTION  LAWS 

When  the  judges  have  completed  all  the  ahove  they  are  re- 
quired to  do,  and  not  before,  the  ballot  box  should  be  opened. 

Whole  Number  of  Ballots  in  Box  to  be  First  Counted. 

Before  opening  the  ballots  the  whole  number  in  the  box 
must  be  first  counted,  and  the  number  found  therein  pro- 
claimed in  a  loud  voice.  (Art.  33.  Sec.  73.) 

What  Ballots  Shall  Be  Rejected. 

The  judges  shall  reject  any  ballots  which  are  deceitfully 
folded  together,  or  which  do  not  have  endorsed  thereon  the 
name -or  initials  of  the  judge  who  held  the  ballots,  or  if  there 
shall  be  any  mark  on  the  ballot  other  than  the  cross-mark  in 
the  square  opposite  the  name  of  the  candidate,  or  other  than 
the  name  or  names  of  any  candidate  written  by  the  voter  on 
the  ballot  as  provided  in  Section  53.  No  vote  shall  be  counted 
for  any  candidate  opposite  whose  name  no  cross-mark  shall  be 
placed,  but  no  ballot  shall  be  rejected  solely  becaiise  any  part 
or  portion  of  the  cross-mark  extends  beyond  the  square,  if  the 
point  of  intersection  of  the  cross-mark  is  within  the  square. 
In  the  county  of  Anne  Arundel  if  a  voter  has  marked  more 
names  than  there  are  persons  to  be  elected  to  an  office,  the 
entire  ballot  is  invalidated;  but  in  Baltimore  city  and  all 
counties  other  than  Anne  Arundel  the  ballot  is  invalidated 
only  so  far  as  the  particular  group  of  candidates  as  to  which 
the  error  occurred  is  concerned.  (Art.  33.  Sees.  73,  73 A.) 

What  to  Be  Done  With  Ballots  Without  Endorsement  of 
Judge  Upon  Them. 

No  ballot  without  the  endorsement  of  the  initials  of  the 
election  judge,  shall  be  delivered  by  the  election  judge  to  the 
voter,  nor  shall  any  ballot  without  such  endorsement  be  re- 
ceived from  any  voter  or  be  deposited  in  the  ballot  box. 

How  the  Counting  of  Ballots  is  to  Be  Done. 

When  counting  the  ballots,  the  judge  who  calls  off  the  bal- 
lot must  be  seated  between  two  others,  so  that  they  can  see  the 
names  and  marks  upon  the  ballot.  In  counting  the  ballots, 
the  law  expressly  requires  that  the  name  of  every  person 
voted  for  upon  a  ballot  and  the  office  for  which  the  vote  is 
given  him,  shall  be  called  out.  (Art.  33,  Sec.  73.) 

And  no  vote  shall  be  counted  for  any  candidate  opposite 
whose  name  no  cross-mark  shall  be  placed. 


OF  THK  STATE  OF  M  \KVL.\ND.  195 

Instructions  to  Voters. 

The  voter  must  make  with  an  indelible  pencil  his  cross- 
mark  (X)  opposite  the  name  of  each  candidate  for  whom  he 
wishes  to  vote  with  the  exception  of  candidates  for  the  office 
of  Presidential  Elector.  The  voter  may  vote  for  Presidential 
Elector  by  making  a  cross-mark  (X)  in  the  square  opposite 
the  name  of  each  one  of  the  persons  (not  more  than  8  in  num- 
ber) for  whom  he  wishes  to  vote.  He  may  also  vote  for  the 
8  candidates  for  Presidential  Elector  of  any  political  party 
by  making  his  cross-mark  (X)  in  the  square  opposite  the  sur- 
names of  the  candidates  of  the  party  of  his  choice  for  Presi- 
dent and  Vice-President.  (Art.  33,  Sec.  68.) 

In  ease  a  question  is  submitted  to  a  vote  of  the  people,  the 
voter  may  indicate  his  vote  on  the  question  by  marking  with 
an  indelible  pencil  a  cross-mark  (X)  in  the  appropriate  space 
on  the  ballot,  against  the  answer  he  desires  to  make.  (Sec.  68.) 

Challengers  Permitted  to  Inspect  Any  Ballot. 

In  countng  the  ballots  it  shall  be  the  duty  of  any  of  the 
judges  if  requested  by  any  challenger  or  watcher  to  exhibit 
to  such  challenger  or  watcher  any  ballot  cast,  fully  opened,  or 
in  such  condition  or  manner  that  the  challenger  may  read  and 
fully  examine  the  same,  but  the  judges  must  under  no  cir- 
cumstances allow  any  ballot  to  be  taken  from  their  hands. 
(Art.  33,  Sec.  73. ) 

Ballots  Must  be  Strung  as  Counted. 
(Art.  33,  Sec.  73.) 

Proclamation  of  Result  of  Count  by  Judges. 

After  the  clerks  have  announced  to  the  judges  the  total 
number  of  votes  received  by  each  candidate,  each  of  the 
judges  of  election  in  turn  shall  then  proclaim  in  a  loud  voice 
the  total  number  of  votes  received  by  each  person  voted  for, 
in  such  precinct,  and  the  office  for  which  he  is  voted  for,  and 
the  number  of  votes  for  and  against  any  proposition  which 
shall  have  been  submitted  to  the  vote  of  the  people.  (Art.  33, 
Sec.  74.) 

Police  Returns. 

In  Baltimore  city,  immediately  after  the  above  mentioned 
proclamation  of  the  result  of  an  election,  the  judges  must  de- 
liver to  a  policeman  on  duty  at  the  polling  place  a  statement, 
subscribed  with  their  names,  which  shall  be  sealed  up  and 
forthwith  conveyed  by  said  policeman  to  the  office  of  the 


196  REGISTRATION  AND  ELECTION  LAWS 

Board  of  Police  Commissioners.  This  statement  shall  con- 
tain the  total  number  of  votes  in  the  ballot  box  and  the  num- 
ber of  votes  sriven  for  each  and  every  candidate.  (Art.  33, 
Sec.  74.) 

SECTION  X. 
THE  RETURNS. 

£,  £| 

Making  Up  the  Returns. 

When  the  proclamation  has  been  made  of  the  result  of  the 
count,  and  the  police  officer  has  been  furnished  with  the  state- 
ment above  mentioned,  the  judges  proceed  to  make  up  the  re- 
turns. These  returns  are  to  be  made  up  in  duplicate.  If  it  is 
possible,  each  of  these  should  be  upon  a  single  sheet  of  paper. 
If  the  number  of  candidates  voted  for  make  it  impracticable 
to  get  all  the  names  upon  a  single  sheet  of  paper,  more  than 
one  sheet  may  be  used.  (Art.  33,  Sec.  75.) 

.;;|?  What  Returns  Should  Contain. 

The  returns  should  be  headed  with  the  date  of  the  election, 
name  of  the  city  or  county,  and  the  number  of  the  ward,  dis- 
trict and  precinct.  They  should  state  at  what  hour  the  polls 
were  opened  and  what  hour  closed,  and  the  total  number  of 
votes  cast,  and  then  should  follow  the  number  of  votes  given 
for  each  candidate  for  each  office,  and  the  number  of  votes 
cast  for  and  against  each  proposition  submitted  to  the  vote  of 
the  people.  The  number  of  votes  must  be  written  out  in 
words,  and  not  merely  given  in  figures.  Each  statement  must 
conclude  with  a  certificate  that  is  correct  in  all  respects.  The 
certificate  must  be  signed  by  all  the  judges  and  both  the 
clerks.  If  the  returns  are  on  more  than  one  sheet  of  paper 
the  judges  and  clerks  must  sign  their  names  on  each  sheet. 

If  any  judge  or  clerk  shall  decline  to  sign  the  returns,  he 
must  make  a  written  statement  of  his  reasons  for  refusing  so 
to  do.  And  such  written  statement  must  be  enclosed  and  re- 
turned with  the  returns  themselves  as  below  directed.  (Art. 
33,  Sec.  75.) 

Returns  Must  Be  Sealed  Up. 

So  soon  as  the  returns  shall  be  completed,  they  shall  each 
be  enclosed  in  an  envelope,  and  each  of  the  envelopes  shall  b^ 
sealed  with  sealing  wax  or  some  similar  material.  Each  of  the 
judges  and  clerks  shall  write  his  name  across  the  fold  of  tli  • 
envelope.  (Art.  33,  Sec.  75.) 


OF  THK  STATF.  OF  MAKYI,AM>.  197 

These  Envelopes  Shall  be  Addressed  as  Follows: 
In  the  Counties — 

One  to  the  County  Commissioners. 
One  to  the  Clerk  of  the  Circuit  Court. 

In  the  City- 
One  to  the  Mayor. 

One  to  the  Clerk  of  the  Superior  Court. 
OH  the  outside  of  each  envelope  shall  be  endorsed  the  state- 
ment that  it  contains  the  votes  cast,  and  for  what  precinct, 
ward,  district,  city  or  county.     (Art.  33,  Sec.  75.) 

Tallies  to  be  Signed  and  Sealed  Up. 

Each  set  of  tallies  shall  in  like  manner  be  signed  and  sealed 
up,  and  the  envelopes  containing  them  shall  have  the  name  of 
each  judge  and  clerk  written  by  such  judge  or  clerk  across  its 
fold,  and  shall  be  endorsed  with  the  statement  that  it  contains 
the  tallies,  and  for  what  ward,  precinct,  county  or  city. 

One  envelope  containing  the  tallies  shall  be  directed  to  the 
Register  of  Wills  and  the  other  to  the  Board  of  Supervisors 
of  Elections.  (Art.  33,  Sec.  75.) 

SECTION  XI. 

WHAT  IS  TO  BE  PUT  IN  THE  BALLOT  BOX  AND  HOW  IT 
IS  TO  BE  SEALED  UP. 

The  "Spoiled,"  "Not  Voted,"  "Rejected"  and 
"Defective"  Ballots. 

The  "spoiled"  and  "not  voted"  ballots  are  to  be  enclosed 
in  a  package  to  themselves,  and  the  packages  endorsed  "Spoil- 
ed and  not  voted."  The  "rejected"  and  "defective"  bal- 
lots shall  then  be  enclosed  in  another  package,  and  endorsed 
*  *  rejected  and  defective. ' '  All  of  these  ballots  except  the  * '  de- 
fective" will  have  their  coupons  upon  them,  and  their  cou- 
pons must  be  allowed  to  remain  upon  them  and  must  be  re- 
turned uiidetached  with  them.  (Art.  33,  Sec.  76.) 

Ballots  Cast  and  Counted,  and  Poll  Books 

These  two  packages  of  ballots  must  be  placed  in  the  ballot 
box,  as  must  also  be  all  the  ballots  cast  and  counted,  and  both 
the  poll  books.  (Art.  33,  Sec.  76.) 


198  REGISTRATION  AND  ELECTION  LAWS 

Locking  and  Sealing  Ballot  Box. 

The  ballot  box  must  then  be  locked  and  the  key  removed.  A 
strip  of  paper  upon  which  the  judges  shall  have  written  their 
names  must  be  then  pasted  over  the  slit  through  which  the 
ballots  are  put  into  the  box,  the  keyhole  and  the  edge  of  the 
lid,  so  the  signatures  will  extetid  over  the  lid  in  such  manner 
that  the  opening  of  the  box  will  tear  the  paper  and  destroy 
the  signatures,  and  so  that  when  the  key  is  inserted  in  the 
keyhole  it  will  tear  the  paper  so  pasted  over  the  keyhole.  This 
slip  of  paper  must  be  pasted  011  with  sealing  wax  or  other  ad- 
hesive material.  (Art.  33,  Sec.  76.) 

SECTION  XII. 

CUSTODY  AJTD  DELIVERY  OF  BALLOT  BOX 
AND  RETURNS. 

What  the  City  Judges  Are  to  Take  With  them  When  They  Finally 
Separate  After  the  Count. 

One  judge  takes  the  ballot  box.  A  judge  of  the  other  politi- 
cal party  takes  the  key  and  the  sealed  package  of  unused 
ballots.  A  third  judge  shall  take  one  of  the  registries  and 
one  of  the  statements  sealed  up  in  an  envelope.  The  fourth 
judge  shall  take  the  other  registry  and  the  other  statement 
sealed  up  in  its  envelopes. 

Each  of  the  clerks  shall  take  one  of  the  tally  sheets  sealed 
up  in  its  envelope. 

When  all  this  has  been  done,  and  not  before,  the  judges 
and  clerks  may  separate  and  their  meeting  is  finally  dissolved. 

Judges  in  Baltimore  City  to  Deliver  Ballot  Box  and  Returns 
Before  Noon  of  Day  After  Election. 

Before  noon  of  day  after  election  the  Baltimore  eity  judges 
must  deliver  the  election  property  and  statements  committed 
to  them  as  follows : 

Ballot  box  to  Supervisors  of  Election. 

Key  to  Supervisors  of  Election. 

Unused  ballots  to  Supervisors  of  Election. 

Registries  to  Supervisors  of  Election. 

One  envelope  with  returns  to  Clerk  of  Superior  Court. 

One  envelope  with  returns  to  Mayor  of  Baltimore. 

And  must  take  receipts  therefor.  It  will  be  absolutely 
necessary  for  the  judges  to  get  these  receipts,  for  the  law  ex- 
pressly provides  that  no  judge  shall  be  paid  for  his  services 
unless  and  until  he  produces  such  receipt.  (Art.  33,  Sec.  77.) 


OF  THE  STATE  OF  MARYLAND.  199 

In  Counties  Two  of  the  Judges  Take  Charge  of  Ballot  Boxes, 
Returns,  Tallies,  Etc. 

In  the  counties  the  Supervisors  will  designate  in  advance 
one  of  the  judges  who  also  acted  as  officer  of  registration  to 
take  charge  of  the  ballot  box  and  its  contents.  The  other 
judge  who  acted  as  register  shall  take  the  key  and  the  sealed' 
package  of  unused  ballots.  Each  of  said  judges  shall  take 
one  of  the  registries  and  one  of  the  returns  sealed  up  in  its 
envelope,  and  one  of  the  tally  sheets  sealed  up  in  its  envelope, 
and  the  meeting  of  the  judges  and  clerks  shall  then  be  dis- 
solved. (Art.  33,  Sec.  77. .) 

Return  of  Ballot  Box,  Key,  Returns,  Etc. 

These  two  judges  shall,  before  12  o'clock  noon  the  second 
day  after  the  election,  that  is  to  say,  before  noon  Thursday 
following  the  Tuesday  of  the  election,  deliver  the  ballot  box 
and  key,  the  package  of  unusued  ballots,  and  the  registries,  to 
the  Supervisors  of  Election.  One  of  the  envelopes,  contain- 
ing the  returns,  they  shall  deliver  to  the  Clerk  of  the  Circuit 
Court,  the  other  to  the  County  Commissioners.  One  of  the 
tallies  in  its  envelope  they  shall  deliver  to  the  Board  of 
Supervisors,  the  other  to  the  Register  of  Wills.  The  judges 
charged  with  these  deliveries  must  be  careful  to  take  receipts 
for  whatever  they  deliver.  (Art.  33,  Sec.  78.) 


200  REGISTRATION  AND  ELECTION 


PART  III. 


Instructions  to  Clerks  of  Elections. 

Clerks  must  be  punctual  in  attendance.  The  clerks,  like 
the  judges,  and  under  the  same  penalties,  must  attend  prompt- 
ly at  the  hour  fixed  for  the  opening  of  the  polls,  and  must 
remain  on  duty  until  the  returns  are  completed.  Like  the 
judges,  a  clerk  may  appoint  a  substitute  to  act  for  him  if  he 
is  necessarily  compelled  to  leave  the  poll  room  during  the  elec- 
tion. Such  substitute  acts  only  until  the  clerk  returns.  As 
to  the  method  of  appointing  such  substitute  full  instructions 
are  given  under  the  heading  of  * '  Instructions  to  Judges. ' ' 

Clerks  Must  Keep  Poll  Books. 

Each  clerk  shall  keep  a  poll  book.  This  poll  book  will  have 
one  column  headed  "Number,"  and  another  headed  "Name 
of  Voter."  The  entries  in  these  books  must  be  made  in  ink. 
The  name  and  number  of  each  voter  from  one  upward  con- 
secutively, shall  be  written  by  the  clerks  in  the  poll  books 
at  the  time  the  voter  obtains  his  ballot  from  the  judge  holding 
the  ballots.  If  subsequently,  the  vote  is  rejected  by  the  judges 
and  is  not  deposited  in  the  ballot  box,  or  the  voter  returns 
his  ballot  without  voting  it,  the  clerk  shall  draw  a  line  through 
the  name  and  number  of  such  voter,  and  the  next  voter  to 
receive  a  ballot  will  have  his  name  numbered  on  the  poll  book 
just  precisely  as  if  the  voter  before  him  had  actually  cast  his 
ballot.  After  the  name  of  each  voter  whose  name  was  re- 
jected, the  clerks  shall  write  on  each  of  their  poll  books  the 
word  "rejected."  After  the  name  of  each  voter  who  returns 
his  ballot  without  voting  it,  the  clerks  shall  write  on  each  poll 
book  the  words  "did  not  vote."  (Art.  113.  Sees.  65,  70.) 

Duties  of  Clerks  in  Assisting  Voters. 

After  the  voter  entitled  to  assistance  has  made  to  the  judges 
the  oath  required  by  him  to  be  taken,  it  will  be  the  duty  of 
the  clerks  to  assist  him  if  he  so  desires.  One  clerk,  in  the 
presence  of  the  other,  shall  mark  the  ballot  as  indicated  by 
the  voter  only,  the  voter  himself  naming  one  by  one  the  candi- 
dates for  whom  he  desires  to  vote,. and  not  indicating  them  by 
a  general  designation  as  the  candidates  of  any  one  political 
Dartv.  The  ballot  shall  not  be  read  to  him.  (See  Sec.  60.) 


(»]••  TUK  STATK  OF  MA  KYI, AND.  201 

Both  judges  aiid  clerks  are  required,  when  swearing1  in,  to 
make  oath  that  they  will  not  reveal  information  which  they 
may  obtain  as  t*  how  any  voter  marked  his  ballot  or  directed 
how  it  was  to  be  done.  The  terms  of  the  oath  are  stringent 
and  precise,  and  are  violated  by  indicating  or  hinting  in  any 
way  how  any  voter  voted. 

Duties  of  the  Clerks  at  the  Close  of  the  Polls — Signing  Names  on 

Poll  Books. 

After  the  close  of  the  polls  and  before  the  ballot  box  shall  be 
opened,  each  of  the  election  clerks  must  write  his  name  in 
ink  in  cadi  of  the  poll  books  immediately  under  the  mime  of 
the  last  voter.  (Art.  33,  Sec.  72.) 

Duties  of  Clerks  During  Count. 

The  duties  of  the  clerks  during  the  count  shall  be  to  tally 
the  votes  for  each  candidate,  and  on  each  side  of  each  propo- 
sition voted  on  as  the  same  shall  be  called  out  by  the  judges 
who  are  counting  the  ballots.  When  all  the  ballots  have  been 
called  off  the  clerks  compare  their  tallies  together,  and  when 
they  agree  upon  the  number  of  votes  received  by  each  candi- 
date, one  of  them  shall  announce  the  number  of  votes  received 
by  each  candidate  in  a  loud  tone  of  voice.  (Art.  33,  Sec.  7o .) 

Duties  of  the  Clerks  With  Reference  to  the  Returns. 

The.  clerks  shall  sign  the  duplicate  returns.  Like  the  judges, 
if  these  returns  are  on  more  than  one  sheet  they  must  sign 
their  names  on  each  sheet.  Like  the  judges,  if  either  clerk 
declines  to  sign  the  returns,  he  must  make  out  a  written  state 
ment  of  the  reason  why  he  declines  to  sign,  and  must  enclose 
this  statement  with  the  returns,  and  have  it  returned  along 
with  them.  Like  the  judges,  each  clerk  must  sign  his  name 
across  the  fold  of  the  envelope  in  which  the  returns  and  the 
tallies  are  sealed  up,  and  like  the  judges,  he  must  sign  each 
set  of  tallies.  When  this  has  been  done,  and  the  meeting  of 
the  judges  and  clerks  has  been  dissolved,  the  clerks  in  the 
counties  will  have  no  further  duties.  In  Baltimore  city  the 
clerks  must  take  charge  of  and  return  the  envelopes  contain- 
ing the  tallies  to  the  officials  to  whom  they  are  respectively 
directed  before  twelve  o'clock  noon  of  the  day  after  the  elec- 
tion, and  must  take  receipt  therefor;  that  is  to  say,  one  of  the 
clerks  will  have  to  deliver  his  envelope  to  the  Board  of  Super- 
visors of  Election  and  the  other  clerk  to  the  Register  of  Wills. 
The  clerks  must  be  particular  to  get  receipts  for  these  envel- 
opes, for  the  law  expressly  provides  that  they  shall  not  be 
paid  unless  they  produce  such  receipts.  (Art.  33.  Sees.  75, 
77.) 


202  REGISTRATION  AND  ELECTION  LAWS 


Primary  Election  Instructions 

PREPARED  BY  THE 

ATTORNEY-GENERAL 


Parties  Subject  to  the  Act. 

The  Act  requires  political  parties  which,  at  the  general  elec- 
tion held  on  November  2nd,  1909,  in  the  State  of  Maryland,  or 
at  the  last  preceding  general  election  prior  to  any  primary  to 
be  held  under  the  Act,  polled  ten  per  cent  of  the  entire  vote 
cast  in  the  State,  to  nominate  their  candidates  for  public  office. 
including  candidates  for  President  of  the  United  States,  Con- 
gress and  Judicial  candidates,  in  and  for  Baltimore  city  and 
the  several  counties  of  the  State,  all  delegates  to  conventions, 
all  members  of  managing  bodies  in  said  parties  in  and  for 
Baltimore  city  and  the  several  counties,  and  all  precinct, 
ward,  city  and  county  executives  or  executive  committees 
whenever  party  usage  provides  for  the  same,  by  means  of 
primary  elections  conducted  under  and  in  accordance  with 
the  provisions  of  the  Act  except  as  therein  otherwise  provided. 
(Section  178.) 

Candidates  for  Offices,  Delegates  to  Convention  and  Party  Com- 

mittes  and  Officials  to  be  Nominated  or  Selected 

by  the  Direct  Vote. 

All  such  candidates  for  office,  delegates  to  conventions  and 
managing  and  executive  committees,  as  well  as  party  officials, 
in  and  for  Baltimore  city  and  the  several  counties  of  the  State 
and  all  precinct,  ward,  city  and  county  executives  or  executive 
committees,  whenever  the  political  party  usage  provides  for 
the  same,  must  be  nominated  or  selected  by  the  direct  vote  of 
the  duly  registered  voters  belonging  to  or  acting  with  the 
parties  subject  to  the  Act,  respectively,  in  Baltimore  city  and 
in  each  county,  and  in  each  legislative,  congressional  ami 
judicial  district.  (Section  178.) 

Partially  Excepted  Counties  —  Howard  County  Excepted. 
\ 

The  provision  of  the  Act  is  that  all  candidates  shall  be 
nominated  by  the  direct  vote,  save  in  the  county  of  Howard. 


OF  THK  STATI:  OF  MARYLAND.  203 

In  this  county  candidates  for  county  offices,  State  Senator 
and  members  of  the  House  of  Delegates  shall  be  nominated  by 
a  county  convention,  the  delegates  to  which  shall  be  selected 
in  all  respects  as  provided  for  by  the  Act  of  1914,  that  is  to 
say,  by  the  direct  vote  of  the  registered  voters  of  the  political 
parties  subject  to  the  Act  in  said  county  under  and  in  accord- 
ance with  the  Act  of  1914.  (Section  178.) 

Conventions  Lawful — Powers  of. 

The  Act  further  provides  that  it  shall  be  lawful  for  ail 
political  parties  subject  to  its  provisions  to  elect  and  hold 
party  conventions,  which  shall  have  full  power  and  authority 
in  all  respects  to  act  in  respect  to  all  matters  pertaining  to  the 
organization,  maintenance,  conduct,  affairs  and  interests  of  the 
party  in  Baltimore  city  or  in  any  county  of  the  State,  saving 
and  excepting  the  choice,  selection,  nomination  or  appointment 
of  party  candidates  for  public  office,  delegates  to  such  con- 
ventions, or  party  executives  or  managing  bodies  or  executive 
committees  of  any  ward  whatever  in  and  for  Baltimore  city 
and  the  several  counties  of  the  State.  Moreover,  the  candi- 
dates of  the  several  political  parties  for  Governor,  Attorney 
General,  Comptroller,  Clerk  of  the  Court  of  Appeals  of  the 
State  of  Maryland,  and  United  States  Senator,  shall  be  nomi- 
nated in  the  manner  prescribed  by  Section  188,  by  State  con- 
ventions; and  such  State  conventions  shall  also  have  the 
power  to  select,  in  such  manner  as  they  may  determine,  dele- 
gates to  national  conventions  and  Presidential  Electors  and 
the  governing  bodies  of  suck  political  parties,  for  the  State, 
but  shall  have  no  power  to  select  or  appoint  committees  or 
governing  bodies  of  any  character  for  Baltimore  city  or  for 
any  division  thereof,  nor  for  the  counties  of  the  State.  (Sees. 
178  and  188,  and  Chap.  761.  Acts  of  1914.) 

Local  Governing  Bodies  or  Party  Committees  Elected  by  Direct 

Vote.    Governing  Body  for  Whole  State  Appointed 

by  State  Convention. 

By  virtue  of  these  provisions  of  Section  178  it  may,  with 
respect  to  the  subject-matter  of  the  selection  of  party  com- 
mittees and  officials,  be  more  particularly  stated: 

First.  The  State  convention  appoints  the  governing  body 
for  the  whole  State  of  each  of.  the  parties  subject  to  the  Act. 

Second.  By  reason  of  the  provisions  of  Article  33  of  the 
Code  of  Public  General  Laws,  which  require  the  respective 
State  Central  Committees  in  the  several  counties  and  in  Balti- 
more city  to  designate  to  the  Governor  at  least  four  eligible 
candidates  for  the  position  of  Supervisor  of  Elections  in  the 
respective  counties  and  in  said  city,  and  by  reason  of  the 


204  REGISTRATION  AND  ELECTION  LAWS 

provisions  of  the  Corrupt  Practices  Act,  requiring  the  ap- 
pointment by  the  various  local  State  Central  Committees  of 
treasurers  for  the  disbursement  of  funds,  it  is  necessary  to 
maintain  State  Central  Committees  for  each  of  the  several 
counties  and  for  Baltimore  city,  respectively. 

Third.  The  State  Central  Committee  of  each  of  the  coun- 
ties and  of  Baltimore  city  must  be  elected  by  the  direct  vote 
of  the  qualified  voters  of  the  several  parties  in  each  county, 
respectively,  and  in  Baltimore  city.  According  to  the  usage 
of  each  of  the  two  leading  parties  in  Baltimore  city,  with 
respect  to  the  constitution  and  organization  of  the  State  Cen- 
tral Committee  for  Baltimore  city  of  each  of  said  parties,  and 
the  established  form  and  organization  of  such  committees, 
they  must,  under  the  provisions  of  the  Act  of  1914,  be  elected 
by  the  registered  voters  of  each  party  of  each  of  the  four 
legislative  districts  of  Baltimore  city,  respectively. 

Fourth.  Party  executive  committees  and  individual  party 
executives  and  officials  must  be  elected  by  the  qualified  voters 
of  the  party  of  that  district,  political  division  or  territory  for 
and  within  which  said  committee  executives  or  officials  exer- 
cise their  duties.  The  only  exception  to  this  is  the  governing 
body  of  the  party  for  the  whole  State,  which  must  be  selected 
and  appointed  by  the  State  Convention  of  the  party. 

Fifth.  Under  the  Primary  Election  Law  it  is  legally  compe- 
tent for  the  State  Convention  of  each  party,  if  it  sees  fit  to  do 
so,  to  so  constitute  and  appoint  the  members  of  the  State 
Central  Committee  of  Maryland  as  the  governing  body  for  the 
whole  State  of  each  of  said  parties,  that  it  shall  consist  of  the 
same  persons  who  shall  have  been  elected  in  the  primaries  as 
the  members  of  the  several  State  Central  Committees  of  the 
respective  counties  and  legislative  districts  of  Baltimore  city. 
The  State  Convention  is,  of  course,  not  at  all  bound  to  do  this, 
but  may  do  so  if  it  deems  it  wise  or  desirable. 

Candidates  for  Office  of  President  of  the  United  States — Delegpvtes 
to  the  National  Convention. 

Section  178  makes  provision  for  printing  the  names  of  can- 
didates for  the  office  of  President  of  the  United  States  upon 
the  official  ballots.  A  candidate  for  the  office  of  President  of 
the  United  States  must  file  his  certificate  of  candidacy  within 
fifteen  days  before  the  first  Monday  in  May,  and  the  certificate 
must  contain  the  name  of  the  person  seeking-  the  nomination 
of  President  of  the  United  States,  his  residence,  place  where 
he  is  a  registered  voter,  his  address,  the  fact  that  he  seeks  to 
be  nominated  for  the  office  of  President  of  the  Tinted  States. 
the  party  to  which  he  belongs  and  the  National  Convention 
whose  nomination  for  President  he  seeks.  This  certificate 
should  be  signed  by  the  candidate  and  acknowledged  before 


OF  TIIK  STATI:  OF  MARYLAND.  205' 

an  officer  duly  authorized  to  take  acknowledgments1,  who 
shall  append  a  certificate  of  such  acknowledgment  to  the  cer- 
tificate and  the  c<  rtificate  must  then  be  filed  with  the  Secre- 
:ary  of  State,  accompanied  by  the  sum  of  two  hundred  and 
seventy  dollars  ($270).  The  names  of  the  candidates  for  the 
office  of  President  of  the  United  States  of  the  respective  par- 
ties who  thus  qualify  must  be  promptly  certified  by  the  Secre- 
tary of  State  to  the  Boards  of  Supervisors  of  Elections  of 
each  county  and  of  Baltimore  city,  which  Boards  shall  there- 
upon cause  the  names  of  the  candidates  for  President  to  he 
printed  upon  the  official  primary  ballot  of  the  respective 
political  parties  in  each  and  every  county  of  the  State  and  in 
each  legislative  district  of  Baltimore  city  in  the  manner  pro- 
vided by  Sections  178,  185  and  188.  The  candidate  for  the 
nomination  for  President  who  shall  receive  the  highest  num- 
ber of  votes  lawfully  cast  and  counted  in  the  primary  election 
of  his  party. and  in  any  county  or  in  any  legislative  district  of 
Baltimore  city  shall  be  entitled  to  have  cast  for  him  in  the 
State  Convention  of  his  party  the  votes  of  the  delegates  from 
said  counties  and  legislative  districts  so  long  as  the  said  dele- 
gates in  their  conscientious  judgment  believe  that  there  is  any 
possibility  of  the  said  candidate  obtaining  a  majority  of  the 
votes  in  the  convention,  and  so  long  as  said  candidate  is  voted 
for  by  the  delegates  of  any  nine  counties  in  the  convention, 
any  legislative  district  of  Baltimore  city  to  be  taken  and  con- 
sidered for  this  purpose  as  the  equivalent  of  a  county. 

In  the  State  Convention  the  balloting  shall  continue  until 
some  one  candidate  for  President  of  the  United  States  re- 
ceives the  votes  of  a  majority  of  the  delegates  to  said  conven- 
tion, and  thereupon  all  the  delegates  selected  by  the  State 
Convention  to  the  National  Convention  shall  be  instructed  and 
shall  be  bound  to  vote  as  a  unit  in  the  National  Convention  for 
such  candidate  for  President  and  shall  continue  to  vote  in 
the  National  Convention  for  such  candidate  as  the  choice  of 
the  State  of  Maryland  so  long  as  in  their  conscientious  judg- 
ment there  is  any  possibility  of  said  candidate  being  nomi- 
nated. 

The  State  Convention  of  the  respective  parties  before  it 
shall  proceed  to  ballot  for  the  selection  of  the  choice  of  the 
party  for  President  shall  select  the  delegates  to  the  National 
Convention  and  nominate  candidates  for  Presidential  and 
Vice-Presidential  electors.  The  governing  body  for  the  whole 
State  of  the  respective  parties  shall,  not  later  than  the  15th 
day  of  April  determine  upon  the  number  of  delegates  at  large 
and  the  district  delegates  together  with  alternates.  In  the 
-•vent  of  failure  on  the  part  of  the  governing  body  to  act.  the 
State  Convention  of  the  parties  shall  determine  upon  the 
number  of  delegates  at  large  and  the  district  delegates,  to- 
gether with  alternates. 


206  REGISTRATION   AXD  ELECTION  LAWS 

The  law  expressly  provides  that  there  shall  be  no  instruction 
to  the  delegates  to  the  State  Convention  as  to  first  and  second 
choice,  and  that  there  shall  be  no  designation  upon  the  bal- 
lots as  to  first  and  second  choice. 

In  the  event  that  no  person  files  a  certificate  of  candidacy 
for  the  nomination  for  President  of  the  United  States  of  a 
particular  party,  then  the  State  Convention  of  that  party  may 
instruct  the  delegates  sent  by  it  to  the  National  Convention 
for  such  candidates  for  President  as  it  may  see  fit,  or  it  may 
send  an  uninstructed  delegation.  In  the  event  that  certificates 
of  candidacy  for  the  nomination  of  President  of  the  United 
States  of  a  particular  party  be  duly  filed,  but  not  otherwise, 
the  Board  of  Supervisors  of  elections  in  each  county  of  the 
State  and  of  Baltimore  city  shall  cause  to  be  printed  upon 
the  official  ballots  of  that  party  in  each  of  said  counties  and 
in  each  legislative  district  of  Baltimore  city  and  beneath  the 
name  or  group  of  names  of  any  qualified  candidate  or  candi- 
dates for  the  nomination  of  President  of  such  party  and  dis- 
tinctly separated  by  appropriate  lines  from  the  name  or 
names  of  such  qualified  candidates,  and  in  plainly  legible  type 
the  words  ''For  An  Uninstructed  Delegation,"  and  to  the 
right  thereof  a  square  for  the  cross-mark  of  the  voter  in  the 
same  manner  and  relative  location  as  the  square  for  the  cross- 
mark  is  printed  to  the  right  of  the  name  of  any  candidate  upon 
the  primary  election  ballot. 

If  a  greater  number  of  votes  be  cast  in  the  primary  elec- 
tion in  any  county  of  the  State  or  legislative  district  of  Balti- 
more city  in  favor  of  an  uninstructed  delegation  than  for  any 
candidate  for  the  nomination  for  President,  the  delegation 
from  such  county  or  legislative  district  in  the  State  Conven- 
tion shall  vote  in  such  State  Convention  for  an  uninstructed 
delegation  to  the  National  Convention  so  long  as  in  its  con- 
scientious judgment  it  shall  appear  to  it  that  there  is  any 
prospect  of  a  majority  of  the  members  of  the  State  Conven- 
tion voting  for  an  uninstructed  delegation.  As  soon  as  it  is 
satisfied  that  there  is  no  such  possibility,  the  delegation  shall 
then  be  at  liberty  to  vote  in  the  State  Convention  for  such 
person  as  the  candidate  of  its  party  for  President  as  it  may 
deem  wisest. 

Any  vacancy  which  may  exist  in  the  delegation  of  a  party 
to  a  National  Convention  shall  be  filled  by  the  governing  body 
of  that  party  according  to  the  rules  and  regulations  of  the  said 
governing  body. 

Date  and  Hours  of  the  Primary  Election. 

Section  179  provides  that  the  primaries,  except  for  the 
years  in  which  there  shall  be  an  election  of  a  President  of  the 
United  States,  shall  be  held  throughout  the  entire  State  on  a 
day  to  be  fixed  by  agreement  between  the  governing  bodies  of 


*>F  Tilt:  STATE  OF  MARYLAND.  207 

the  political  parties  not  earlier  than  the  8th  day  of  September, 
nor  later  than  the  15th  day  of  September;  that  in  case  such 
governing  bodies  fail  to  agree  on  a  date  within  this  period, 
the  primary  shall  be  held  on  the  second  Monday  of  September. 

In  Presidential  years  the  primary  shall  be  held  011  the  first 
Monday  in  May.  The  same  notice  of  the  time  and  places  of 
holding  said  election  shall  be  given  by  the  several  Boards  of 
Supervisors  of  Elections  of  the  city  of  Baltimore  and  of  the 
counties  of  the  State,  respectively,  as  is  required  in  connec- 
tion with  the  municipal  and  county  election  held  under  the 
provisions  of  Article  33  of  the  Code. 

All  political  parties  subject  to  the  Act  shall  hold  their  sev- 
eral primaries  upon  the  same  day.  The  hours  of  the  primary 
election  are  the  same  as  the  hours  of  the  general  election  as 
prescribed  by  Article  33,  Section  63,  of  the  Code,  namely, 
from  six  o'clock  A.  M.  to  five  o'clock  P.  M.  in  Baltimore  city, 
and  from  eight  o'clock  A.  M.  to  six  o'clock  P.  M.  in  the  coun- 
ties. 

Notice  of  Times  and  Places  of  Holding  Primary  Elections. 

Notices  shall  be  given  of  the  times  arid  places  of  holding 
said  primary  elections  by  the  several  Boards  of  Supervisors  of 
Elections  in  the  city  of  Baltimore  and  of  the  counties  of  the 
State,  respectively,  in  the  same  way  precisely  as  notice  is  re- 
quired to  be  given  for  municipal  and  county  elections  held 
under  the  provisions  of  Article  33  of  the  Code  of  Public  Gen- 
eral Laws.  (Section  179.) 

For  the  requirements  as  to  such  notice,  see  Section  14  of 
Article  33  of  the  Code  of  Public  General  Laws. 

Voting  Places. 

There  shall  be  at  every  primary  election  in  the  city  of  Balti- 
more and  in  each  county  a  voting  place  in  each  election  pre- 
cinct of  each  ward  of  Baltimore  city,  and  in  each  election 
precinct  of  each  election  district  of  every  county,  or  in  each 
election  district  of  every  county  which  may  not  be  divided 
into  election  precincts.  Each  of  said  voting  places  in  Balti- 
more city  shall  be  selected  by  the  Board  of  Supervisors  of 
Elections  in  Baltimore  city  and  each  of  said  voting  places  in 
each  of  the  counties  shall  be  selected  by  the  Board  of  Super- 
visors of  Elections  of  said  counties,  respectively,  as  provided 
in  Section  11  of  Article  33  of  the  Code  of  Public  General  Laws 
with  respect  to  general,  municipal  and  county  elections.  Such 
voting  places  shall  be  furnished  in  the  same  manner  as  in  a 
general  election.  (Section  180.)  , 


208  REGISTRATION  AND  ELECTION   LAWS 

Supervisors  of  Elections  Control. 

Such  primary  elections  shall  be  conducted  under  the  control 
of  the  several  Boards  of  Supervisors  of  Elections  in  Baltimore 
city  and  the  counties,  respectively,  by  judges  and  clerks  of 
elections  appointed  by  said  Supervisors  of  Elections,  under 
the  provisions  of  said  Article  33  for  the  conduct  of  elections 
held  thereunder  in  Baltimore  city  and  the  several  counties  of 
the  State,  and  in  the  same  manner  as  far  as  may  be  practicable 
as  general  elections  are  conducted  under  said  Article  33,  ex- 
cept in  such  particulars  and  respects  as  the  Act  otherwise 
provides.  (Section  181.) 

See  particularly  Sections  12  and  66  of  Article  33  of  the 
Code  of  Public  General  Laws. 

Ballots, 

Ballot  Boxes. 

Ballots  of  Different  Color  for  Each  Party. 

As  many  different  sets  of  official  ballots  shall  be  printed  and 
supplied  by  the  Board  of  Supervisors  of  Elections  at  each  poll- 
ing place,  and  as  many  ballot  boxes  shall  be  supplied  and 
used  at  each  polling  place  as  there  are  separate  party  nomina- 
tions to  be  voted  for.  Thus,  if  there  are  candidates  for  the 
Democratic  nomination  for  Governor,  and  also  candidates  for 
the  Republican  nomination  for  Governor,  and  also  candidates 
for  the  Prohibitionist  nomination  for  Governor,  there  must 
be  three  different  sets  of  official  ballots  and  three  different  bal- 
lot boxes,  that  is  to  say,  one  set  of  official  ballots  and  one  ballot 
box  for  each  party.  (Section  182.) 

The  ballots  of  the  several  parties  shall  be  printed  upon 
opaque  paper  of  different  colors,  to  be  determined  by  the  sev- 
eral Boards  of  Supervisors  of  Elections,  and  a  set  of  official 
ballots  of  one  certain  color  must  be  appropriated  to  each  of 
the  several  parties,  so  that  each  party  shall  have  its  ballots  of  a 
uniformly  single,  distinct  and  separate  color.  (Section  182.) 

Voters  in  the  Primaries. 

The  Boards  of  Supervisors  of  Election  in  the  several  coun- 
ties are  required  to  have  prepared  new  books  of  registry  for 
use  in  all  of  the  districts  or  precincts  of  the  several  counties 
for  the  transcribing  of  the  names  of  the  qualified  voters  resid- 
ing therein  from  the  registration  books  in  use.  The  transcrib- 
ing is  required  to  be  done  in  the  offices  of  the  Boards  of  Su- 
pervisors of  Election  by  four  clerks,  except  as  to  Baltimore 
county,  where  it  is  to  be  done  by  twelve  clerks,  one-half  of 
the  number  of  clerks  to  be  selected  by  the  supervisors  repre- 


OF  Tin:  STXTK  UK  M AKYLAND.  209 

seating  the  Democratic  party  and  the  other  half  by  the  super- 
visors representing  the  Republican  party. 

It  is  also  provided  that  in  the  iie\v  books  of  registry  there 
shall  be  a  distinct  column  headed  "Party  Affiliations,"  in 
which  the  Board  of  Registers  shall  enter  the  name  of  the 
political  party,  if  any,  to  which  the  voter  is  inclined,  and  to 
which  the  voter  desires  to  have  himself  regarded  as  affiliated. 
It  is  the  duty  of  the  Board  of  Registers  to  explain  to  each 
voter  that  the  statement  of  such  party  affiliation  does  not  bind 
him  to  vote  for  the  candidate  of  such  party  at  any  given  elec- 
tion. Also  that  he  has  the  right  to  decline  to  state  any  party 
affiliation,  but  that  no  one  who  is  not  recorded  upon  the 
registries  as  affiliated  with  a  political  party  will  be  qualified  to 
vote  at  subsequent  primary  elections  of  that  political  party. 

Whenever  a  voter  declines  to  state  his  party  affiliations,  the 
word  "Declined"  shall  be  written  opposite  his  name  so  that 
there  shall  appear  in  this  column  opposite  the  name  of  every 
registered  voter  either  his  party  affiliations  or  the  word 
"Declined." 

No  person  or  voter  after  having  his  party  affiliation  regis- 
tered shall  be  permitted  to  make  any  change  in  his  party 
affiliation  unless  the  same  shall  be  made  at  least  six  months 
prior  to  the  day  of  the  primary. 

Moreover,  a  registered  voter  voting  for  the  first  time  at  a 
primary,  and  whose  party  affiliation  is  not  registered  in  the 
registration  book  may  declare  his  party  affiliation  on  the  day 
of  the  primary  election  and  thereupon  take  part  in  the 
primary. 

Persons  not  twenty-one  years  of  age  at  the  time  a  primary 
is  held,  but  who  will  become  twenty-one  before  the  election 
next  succeeding  the  primary  shall  be  entitled  to  register  and 
vote  at  the  primary  if  otherwise  qualified.  (Sec.  182.) 

Registration. 

In  Dorchester  county,  but  nowhere  else,  there  shall  be  an- 
nually a  sitting  of  the  registration  officers  on  the  day  which 
shall  be  the  fifth  day  before  the  day  of  the  primary  election 
(excluding  the  day  of  the  primary  election  in  the  computation 
of  said  fifth  day  prior  thereto)  on  which  day  said  registration 
officers  shall  sit  from  8  o'clock  A.  M.  until  8  o'clock  P.  M.  for 
the  purpose  of  revising  the  registration  lists  by  adding  new 
voters,  making  transfers,  recording  party  affiliations,  etc.  At 
this  sitting,  registered  voters  who  have  never  declared  their 
party  affiliations  may  appear  and  declare  their  said  party 
affiliations  and  have  the  same  recorded. 

Books  of  Registry  to  Be  Used. 

The  books  of  registry  shall  be  furnished  to  the  judges  at 
each  polling  place  by  the  respective  Boards  of  Supervisors  of 


210  REGISTRATION  AND  ELECTION  LAWS 

Elections  in  Baltimore  city  and  the  several  counties,  and  shall 
be  used  at  such  elections  in  the  same  way  as  they  are  now  used 
at  municipal,  county  or  general  elections  held  under  the  pro- 
visions of  said  Article  33. 

In  the  books  of  registry  now  in  use,  or  which  may  be  here- 
after prepared  for  use,  a  column,  headed  "Voted  at  Primary 
Election,"  shall  be  used;  in  which  column  the  word  " Voted '' 
or  the  letter  "V"  shall  be  entered  at  the  primary  election  at 
which  such  registry  shall  be  used,  arid  opposite  the  name  of 
each  person  voting.  (Section  183.) 

Prepao-ation  of  Official  Ballots. 

Official  ballots  shall  be  prepared  for  such  primary  elections 
in  Baltimore  city  and  the  several  counties,  respectively,  by  the 
said  several  Boards  of  Supervisors  of  Elections  for  said  city 
and  said  several  counties,  respectively,  as  is  now  provided  by 
said  Article  33  of  the  Code  of  Public  General  Laws,  except  as 
in  the  Act  of  1914  otherwise  provided.  (Section  184.) 

Said  several  Boards  of  Supervisors  of  Elections  shall  print 
or  cause  to  be  printed  on  said  official  ballots  the  names  of  all 
candidates  to  be  voted  for  who  shall  become  duly  qualified  by 
the  payment  of  the  amount  named  in  the  Act  and  who  shall 
have  filed  a  certificate  in  writing  with  the  Board  of  Super- 
visors of  Elections  in  Baltimore  city  or  in  the  counties,  re- 
spectively, or  with  the  Secretary  of  State,  as  required  by  the 
Act.  (Section  184.) 

Where  there  is  only  one  candidate  for  a  particular  nomina- 
tion his  name  shall  not  be  printed  011  the  ballot,  but  he  becomes 
entitled  to  the  certificate  of  nomination.  See  instruction 
hereinafter. 

Candidates — Certificates  of  Candidacy. 

In  order  to  become  a  candidate  or  to  be  entitled  to  have  his 
name  printed  on  the  official  ballots  as  a  candidate,  persons  in- 
tending to  enter  the  primaries  or  become  candidates  for  nomi- 
nation or  candidates  for  election  as  delegates  to  a  convention 
or  candidates  for  election  as  an  executive  or  member  of  a 
governing  body  or  executive  committee  of  any  political  party 
shall  file  a  certificate  in  writing  containing — 

His  name, 

Place  where  he  is  a  registered  voter, 

His  residence, 

His  address, 

The  office  or  position  for  which  he  seeks  to  be  nominated  or 
selected. 

The  party  to  which  he  belongs. 

The  certificate  to  be  filed  by  a  candidate  seeking  to  be  elected 
as  a  delegate  to  a  convention  must  set  forth  the  convention  to 


OF  THE  STATE  OF  MARYLAND.  •  211 

which  he  seeks  to  be  elected.  The  certificate  must  be  duly 
niknowledged  by  the  person  filing  such  certificate  for  such 
nomination  before  an  officer  duly  authorized  to  take  acknowl- 
edgments, who  shall  append  a  certificate  of  such  acknowledg- 
ment. 

The  person  seeking  such  nomination  as  a  candidate  for  pub- 
lis  office  to  which  there  is  a  salary  or  pecuniary  emolument 
attached  and  filing  such  certificate,  must  also  make  the  pay- 
ment or  payments  required  by  the  Act.  (See  infra.} 

No  such  payment  is  required  of  candidates  for  members  of 
a  governing  body  of  the  party  or  for  any  party  office  to  which 
no  salary  is  attached  or  for  the  position  of  delegate  to  any 
convention.  (Section  184.) 

Certificates  of  candidacy  must  be  filed  by  candidates  for  the 
nomination  of  Governor,  Comptroller,  Attorney  General  and 
Clerk  of  the  Court  of  Appeals  not  less  than  thirty  days  before 
the  day  of  a  primary  election  and  by  all  other  candidates 
other  than  a  candidate  for  the  office  of  President  of  the  United 
States  not  less  than  twenty  days  before  a  primary  election. 
The  certificates  of  the  candidates  for  Governor,  Comptroller, 
Attorney  General  and  Clerk  of  the  Court  of  Appeals  must  be 
filed  with  the  Secretary  of  State  accompanied  by  a  payment 
of  two  hundred  and  seventy  ($270)  dollars. 

The  certificate  of  all  other  candidates  must  be  filed  with  the 
Board  of  Supervisors  of  Elections  in  Baltimore  city  or  in  any 
of  the  counties,  as  the  case  may  be.  (Sec.  184.) 

Publication  of  Names  of  Candidates  for  Nomination. 

The  names  of  the  several  candidates  for  nomination  shall  be 
published  seven  (7)  days  before  the  primary  election  in  the 
mode  prescribed  by  Section  48  of  said  Article  33,  as  far  as 
may  be  practicable,  with  respect  to  the  publication  of  the 
names  of  candidates  for  office  in  a  general  election.  (Section 
184.) 

Sample  Ballots  or  Cards  of  Instruction. 

It  shall  not  be  necessary  to  print  sample  ballots  or  cards  of 
instructions  for  primary  elections;  but  either  or  both  shall  be 
printed  by  the  Board  of  Supervisors  of  Elections  of  Baltimore 
city,  when  requested  by  any  candidate  in  said  primary;  but 
such  request  must  be  accompanied  by  a  sum  of  money  neces- 
sary to  cover  the  cost  of  printing  such  sample  ballots  or  cards 
of  instructions.  (Section  184.) 

Payments  to  Be  Made  by  Candidates. 

Each  candidate  for  nomination  for  public  office  at  a  Pri- 
mary Election,  except  for  the  office  of  Governor,  Attorney 
General,  Comptroller  and  Clerk  of  the  Court  of  Appeals,  upon 


212  REGISTRATION  AND  ELECTION  LAWS 

filing  his  respective  certificate  with  the  Board  of  Supervisors 
of  Election  shall  pay  the  sum  of  twenty-five  dollars  ($25)  for 
each  county  or  Legislative  district  of  Baltimore  city  in  which 
'  his  name  appears  upon  the  ballot ;  provided,  that  in  any  coun- 
•y  where  the  salary  of  the  office  for  which  nomination  is  sought 
is  three  hundred  dollars  ($300)  or  less,  such  payment  shall  be 
ten  dollars  ($10). 

The  Board  of  Supervisors  of  Elections  for  Baltimore  city 
shall  pay  over  the  amount  or  amounts  so  received  to  the  Mayor 
and  City  Council  of  Baltimore. 

The  Board  of  Supervisors  of  Elections  for  each  county  shall 
pay  over  the  amount  or  amounts  so  received  to  the  County 
Commissioners  of  each  county,  respectively. 

Candidates  for  places  of  delegates  to  convent  ions, -for  party 
committees  or  other  party  offices,  to  which  there  is  no  salary 
or  pecuniary  emolument  attached,  are  not  required  by  the  law 
to  make  any  payment  with  or  on  account  of  their  certificates 
of  candidacy.  (Section  184.) 

Only  candidates  for  offices  to  which  a  salary  or  pecuniary 
emolument  is  annexed  are  required  to  pay  the  sum  of  money 
specified  in  the  Act  at  the  time  they  file  their  certificate  of 
candidacy  with  the  Supervisors  of  Elections.  (Sec.  184.) 

Expenses  to  Be  Paid  by  Baltimore  City  and  by  the 
Counties,  Respectively. 

All  the  expenses  of  said  primary  elections  in  Baltimore  city 
shall  be  paid  by  the  Mayor  and  City  Council  of  Baltimore  ;  and 
all  the  expenses  of  said  primaries  in  each  county,  respectively, 
shall  be  paid  by  the  County  Commissioners  of  each  county, 
respectively,  precisely,  as  the  expenses  of  the  State,  city  and 
countv  elections  are  now  paid  under  existing  laws.  (Section 
184.) 

Preparation,  Form  and  Number  of  Ballots  in  the  Counties — Official 
Envelopes  to  be  Furnished  With  Ballots  in  the  Counties. 

The  ballots  to  be  used  at  all  primary  elections  to  be  held  in 
the  several  counties  of  the  State  shall  be  prepared  and  printed 
by  the  Board  of  Supervisors  of  Elections  in  the  respective 
counties  in  a  similar  manner  to  that  provided  for  General  Elec- 
tions in  Baltimore  city  by  Section  55  of  said  Article  33  for 
general  elections,  except  that  there  shall  be  no  detachable  stub 
or  coupon  to  said  ballot :  and  in  number  not  h  NN  1han  twict  Hit 
uniber  of  r<</is1<r«1  voters  of  the  respective  political  parties 
participating  in  such  primary  as  nearly  as  may  be  estimated  : 
and  such  ballots  shall  be  delivered  by  the  Board  of  Supervisors 
of  Elections  to  the  election  officials  in  the  counties  in  a  similar 
manner  as  is  provided  for  the  delivery  of  ballots  by  the  Board 
of  Supervisors  of  Elections  of  Baltimore  city  to  the  election 
officials  for  the  elections  in  Baltimore  city.  (Section  184.) 


OF  Tin-;  STATE  OF  M AKYI.VND. 

The  said  Board  of  Supervisors  of  Elections  for  the  several 
counties  shall  at  the  same  time  print  and  distribute,  five  (5) 
jiiys  before  such  primary  election,  to  any  candidate  ordering 
and  paying  the  cost  of  the  same,  any  number  of  official  ballots 
such  candidate  may  desire.  The  Supervisors  of  Elections  in 
the  several  counties  shall  also  cause  to  be  furnished  and  deliv- 
•  red  with  such  official  ballots  to  the  proper  election  officials  in 
ar.li  election  district  or  voting  precinct  in  the  several  coun- 
ties of  the  State,  opaque  official,  gummed  envelopes  of  uniform 
size,  and  of  color  corresponding  to  the  official  ballots  of  the 
respective  political  parties  participating  in  such  primaries, 
sufficiently  large  to  receive  such  official  ballot  when  folded. 

On  the  back  and  outside  of  all  such  official  envelopes  shall 
be  printed  the  words  " Official  Envelope  for  Ballot,"  followed 
by  the  designation  of  the  polling  place  for  which  it  is  pre- 
pared, the  date  of  the  primary  election  and  a  fac-simile  of  the 
signature  of  the  President  of  the  Board  of  Supervisors  of 
Elections  by  whom  the  official  envelopes  and  ballots  for  said 
primary  election  have  been  prepared.  Said  official  envelope 
shall  be  provided  with  a  detachable  stub  or  coupon  in  the  same 
manner  as  is  now  provided  by  law  for  official  ballots. 

The  number  of  such  envelopes  so  furnished  shall  be  twenty- 
five  per  cent  more  than  the  estimated  vote  of  each  of  the  sev- 
eral political  parties  participating  in  such  primary  in  each 
election  district  or  precinct,  as  the  case  may  be.  (Section  184.) 

The  above  provisions  that  there  shall  be  no  detachable  stub 
or  coupons  to  the  ballots  and  with  respect  to  the  number  of  the 
ballots  and  with  respect  to  the  printing  and  distribution,  five 
(5)  days  before  the  primary  election,  to  any  candidate  or  can- 
didates ordering  and  paying  the  cost  of  the  same  of  any  num- 
ber of  official  ballots  as  such  candidate  or  candidates  may 
desire,  and  also  the  provisions  with  respect  to  the  furnishing 
and  form  of  official  envelopes,  apply  only  to  the  counties,  and 
not  to  Baltimore  city. 

Tn  Baltimore  city  the  form  of  the  ballot  shall  be  the  same  as 
is  required  by  Section  55  of  Article  33  of  the  Code  with  re- 
spect to  the  official  ballots  used  in  the  general  elections.  And 
the  ballots  shall  be  voted  in  the  same  manner  as  at  a  general 
election,  there  being  no  envelopes  used. 

Names  of  Candidates  Alphabetically  Arranged  Upon  the  Ballots. 

The  name  of  candidates  for  nomination  shall  be  arranged 
alphabetically  upon  the  ballots  according  to  the  surnames  of 
the  candidates.  (Section  185.) 

Ballots  to  Be  Cast,  Counted  and  Canvassed  and  Results  of  Elec- 
tions Announced  and  Certified  as  in  General  Elections. 
Special   Provision   as  to   Certification   for   State   Candidates. 

Ballots  in  all  said  primary  elections  shall  be  east  (except  as 
provided  for  primary  elections  in  the  several  counties  of  the 


214  REGISTRATION  AND  ELECTION  LAW.- 

State,  that  is  to  say,  by  the  envelope  system)  counted  and  can- 
vassed and  the  result  of  the  election  announced  and  certified 
in  Baltimore  city  and  in  each  of  the  counties  of  the  State,  as 
now  provided  for  by  said  Article  33  for  elections  held  there- 
under, and  said  primary  elections  shall  be  held  and  conducted 
and  determined  in  the  manner  and  form  provided  by  said 
Article  33  for  general  elections,  and  subject  to  all  the  regula- 
tions, requirements  and  provisions  as  prescribed  by  said  Ar- 
ticle 33  for  general  elections,  in  so  far  as  the  same  are  or  may 
be  applicable  to  the  said  primary  elections,  and  except  as  is 
otherwise  provided  by  the  primary  election  law.  (Section  185.) 

In  both  city  and  the  several  counties  of  the  State  if  more 
names  are  marked  for  any  office  on  a  ballot  than  there  are 
persons  to  be  voted  for  for  such  office,  the  ballot  shall  not  be 
counted  for  such  candidates  for  such  office  or  delegates,  but 
the  whole  ballot  shall  not  for  that  reason  be  rejected  and  shall 
be  counted  for  candidates  for  other  offices  or  positions  proper- 
ly marked  by  the  voter. 

As  to  canvassing  and  certifying  the  results  of  the  primary 
elections,  see  Article  33,  Sections  80.  81,  82,  and  83 ;  and  also 
Sections  85,  86,  87,  and  88. 

Challengers  and  Watchers. 

Challengers  and  watchers  representing  the  candidates  in 
any  said  primary  election  shall  be  allowed  to  be  present  at  the 
several  voting  places  during  the  voting  and  counting  of  the 
ballots,  as  provided  in  said  Article  33  with  respect  to  general 
elections  held  thereunder.  (Section  185.) 

See  Article  33,  Section  64. 

Voting. 

As  each  voter's  name  shall  be  entered  in  the  poll-book  kept 
by  the  two  Clerks  of  Election  there  shall  be  entered  opposite 
his  name  the  name  of  the  party  whose  candidate  or  candidates 
he  voted  for.  (Section  185.) 

In  the  primary  elections  in  the  several  counties  (the  en- 
velope system  being  used  in  the  counties),  the  name  or  initials 
of  the  Judges  of  Election  shall  be  placed  upon  the  official  en- 
velope and  the  stub  or  coupon  provided  for  such  official  enve- 
lope shall  be  filled  out  and  handled  in  every  respect  similar  td 
the  coupon  provided  for  official  ballots  at  general  elections  in 
the  State ;  and  it  shall  not  be  lawful  for  the  Judges  or  Clerks 
to  place  their  names  or  initials  or  any  other  matter  upon  the 
official  ballots.  (Section  185.) 

Privileges  of  Voters  in  the  Several  Counties  With  Respect  fco 
Marking  Their  Ballots. 

The  voter,  in  order  to  vote  for  the  candidate  of  his  choice, 
must  place  a  cross-mark  (X^  in  the  square  opposite  the  name 


or  THE  STATE  OF  M .\KYL\NH.  21') 

of  such  candidate  in  the  same  manner  as  in  the  general  elec- 
tion. In  the  counties  the  cross-mark  (X)  must  be  made  with 
a  Hack  pencil. 

It  is  lawful  for  every  person  having  the  qualifications  of  a 
voter  in  the  primary  elections  in  the  several  counties  to  pre- 
pare or  have  his  official  ballot  prepared  before  entering  the 
polling  place. 

But  no  ballot  shall  be  handed  or  delivered  to  any  voter 
within  one  hundred  feet  of  the  election  booth,  or  within  the 
booth  itself,  except  the  unmarked  ballot  herein  required  to  be 
handed  to  him  by  the  election  officials. 

But  upon  presenting  himself  to  the  Judges  of  Election  to 
vote  in  the  primaries,  and  it  having  been  determined  by  such 
Judges  that  he  is  qualified  to  vote  therein,  there  shall  be  given 
him  by  the  election  official  a  blank  official  ballot  of  the  political 
party  in  whose  primaries  he  is  entitled  to  vote,  together  with 
an  unsealed  official  envelope  for  the  same  party. 

The  voter  shall  thereupon  retire  to  one  of  the  booths  pro- 
vided for  the  purpose  in  each  voting  place,  and  shall  there, 
with  black  pencil  and  in  the  manner  required  by  law,  prepare 
such  official  ballot  for  voting,  or  in  the  privacy  of  such  booth 
he  may  exchange  such  ballot  for  the  official  ballot  or  one  of 
the  official  ballots  which  he  may  have  brought  into  such  poll- 
ing place  with  him,  previously  prepared  for  voting ;  and  while 
in  such  booth  he  shall  place  the  official  ballot  which  he  desires 
to  vote  in  the  official  envelope  so  provided  and  seal  the  same. 
He  shall  then  hand  to  one  of  the  Judges  of  Election  the  en- 
velope so  sealed  containing  the  official  ballot  he  desires  to 
cast,  and  the  Judge  of  Election  so  receiving  such  envelope 
and  ballot  shall,  after  detaching  the  coupon  attached  thereto, 
deposit  such  envelope  in  the  ballot  box  of  the  voter's  political 
party  in  the  presence  of  the  voter  and  of  the  other  Judges  of 
Election.  (Section  185.) 

Opening  the  Ballot  Boxes  and  Conducting  the  Count 
in  the  Counties. 

In  the  primary  elections  held  in  the  several  counties  of  the 
State,  upon  the  opening  of  the  ballot  boxes  by  the  Judges, 
after  the  polls  have  closed,  they  shall  count  and  announce  the 
whole  number  of  envelopes,  representing  the  whole  numtfer  of 
ballots,  in  the  ballot  boxes  of  the  several  parties  in  a  similar 
manner  to  that  provided  by  said  Article  33  for  official  ballots 
at  general  elections,  and,  in  counting  the  ballots,  the  Judges 
shall  carefully  examine  the  ballots  and  the  envelopes  contain- 
ing the  same. 

If  any  envelopes  shall  be  found  not  of  the  character  re- 
quired by  the  Act,  or  if  any  mark  or  device  be  found  on  any 
envelope,  or  peculiar  folding  by  which,  in  the  opinion  of  the 
majority  of  the  Judges,  the  same  may  b<>  identified  so  as  to 


216  REGISTRATION  ANI>  ELECTION  LAWS 

indicate  who  may  have  cast  the  same,  the  ballot  so  marked  or 
the  ballot  contained  in  the  envelope  so  marked  or  folded  or 
improperly  substituted,  shall  not  be  counted. 

When  more  than  one  ballot  shall  be  found  in  an  envelope 
neither  of  the  ballots  therein  shall  be  counted. 

A  ballot  found  in  an  envelope  furnished  for  a  different 
political  party  than  that  for  which  the  ballot  was  provided 
shall  not  be  counted. 

The  intention  of  the  voter,  so  far  as  the  same  may  be  ascer- 
tained from  the  ballot  itself,  shall,  in  the  absence  of  any  un- 
lawful or  fraudulent  mark  or  device  thereon  or  enclosed  there- 
with or  on  the  envelope  containing:  the  same,  prevail.  In  case 
any  voter  putting  his  ballot  in  an  envelope,  shall  mutilate  the 
envelope,  he  may  return  the  same  and  receive  a  new  envelope 
in  lieu  thereof  under  the  same  conditions  and  penalties  as 
provided  in  Article  33  for  new  ballots  at  general  elections. 

In  case  a  lawful  ballot  contained  in  a  proper  envelope  shall 
be  mutilated  by  any  of  the  Judges  of  Election  in  opening  the 
envelope,  the  ballot  shall  not  be  thrown  out  for  that  reason. 

If  an  envelope  shall  be  deposited  in  the  ballot  box  inadvert- 
ently without  being  properly  sealed  and  without  being  de- 
tected by  the  Judge  receiving  the  same  or  shall  become  un- 
sealed in  the  ballot  box,  a  lawful  ballot  contained  therein  shall 
not  be  thrown  out  for  that  reason.  If  the  voter  shall  hand  a 
ballot  in  an  unsealed  envelope  to  the  Judge  for  depositing  the 
same  in  the  ballot  box  and  the  Judge  detects  that  the  same  is 
unsealed,  the  envelope  with  the  ballot  therein  shall  be  returned 
to  the  voter  and  he  shall  be  directed  to  return  to  the  privacy 
of  a  booth  and  there  seal  the  envelope  before  again  tendering 
it  to  the  Judge  to  be  placed  in  the  ballot  box. 

[f  more  names  are  marked  for  any  office  than  there  are  per- 
sons to  be  voted  for,  such  ballots  shall  not  be  counted  for  such 
candidate,  but  the  whole  ballot  shall  not  for  that  reason  be 
rejected  but  shall  be  counted  for  all  candidates  for  other  offices 
properly  marked  by  the  voter. 

No  vote  shall  be  counted  in  any  county  or  in  Baltimore  city 
for  any  person,  after  ivhose  name  a  cross-mark  made  with  a 
black  pencil  does  not  appear  on  the  ballot  when  voted.  (Sec- 
tion 185.) 

Affiliated  Voters  in  Baltimore  City. 

•>. 

In  all  primary  elections  in  Baltimore  city  any  person  regis- 
tered as  affiliated  with  a  given  political  party  shall  have  the 
right  to  vote  the  official  ballot  of  that  party  and  of  no  other. 
(Section  186.) 

Where  Only  One  Candidate,  He  Becomes  Entitled  to  Nomination. 

Where  there  is  but  one  qualified  candidate  for  a  certain 
nomination,  one  set  of  candidates  for  members  of  a  party  com- 


OF  THK  ST-..TK  OK  Al.un  LAND.  217 

mittee  or  delegation  to  a  convention  he  or  they  shall  become 
entitled  to  a  certificate  of  nomination  or  election  and  his  or 
Iheir  name  or  names  shall  not  go  on  the  ballot. 

If,  at'1»>r  the  expiration  of  the  time  allowed  by  the  Act  for 
•andidates  to  qualify  for  the  purpose  of  having  their  names 
placed  upon  the  official  primary  election  ballot,  it  shall  appear 
•hut  only  one  set  of  candidates  of  any  such  political  party 
have  so  qualified,  then  and  in  that  event  certificates  of  nomi- 
nation or  selection  shall  be  issued  to  the  candidates  so  qualified 
IB  a  similar  manner  to  that  provided  by  the  Act  for  successful 
candidates  at  primary  elections,  and  no  such  primary  elections 
shall  be  held  for  such  political  party.  (Section  188.) 

Whenever  only  one  candidate  of  any  political  party  for  a 
nomination  for  a  particular  public  office  has  so  qualified  to 
have  his  name  so  placed  upon  the  official  primary  election  bal- 
lot at  the  expiration  of  the  time  allowed  by  the  Act,  then  and 
in  that  event  a  certificate  of  nomination  shall  in  like  manner 
be  issued  to  him  forthwith,  and  his  name  and  the  name  of  the 
position  for  which  he  is  a  candidate  shall  be  omitted  from  the 
said  official  ballot,  so  that  such  official  ballot  of  such  political 
party  shall  contain  only  the  name  of  such  candidate  for  posi- 
tion or  office  or  offices  where  there  are  qualified  contestants  for 
such  position  or  offices.  This  provision  also  applies  to  dele- 
gates to  conventions  and  members  of  governing  bodies.  (Sec- 
tion 188.) 

If  it  should  happen  in  any  county  or  legislative  district  that 
only  one  candidate  in  each  political  party,  subject  to  the  Act, 
qualifies  by  duly  filing  his  certificate  of  candidacy  and  making 
his  payments  within  the  time  required  by  the  Act,  then  there 
shall  be  no  primary  election,  but  such  fact  shall  be  certified 
and  certificates  of  nomination  shall  be  issued  to  the  candidates 
so  qualified  in  the  same  way  in  which  such  certificates  are  is- 
sued for  successful  candidates  in  the  primary  election  for  the 
nomination  in  question.  (Section  188.) 

Vacancies^-Kow  Filled. 

Any  vacancy  which  may  exist  in  respect  to  any  office,  after 
••he  returns  have  been  canvassed  and  finally  announced,  or 
which  may  exist  by  reason  of  their  being  no  candidate  for  the 
same  in  sucb  primary  election  or  otherwise,  shall  be  filled  as 
the  rules  and  regulations  of  the  governing  bodies  for  the  re- 
spective parties  may  now  or  shall  hereafter  provide. 

201.  In  the  event  of  any  vacancy  occurring  because  of  the 
death  or  resignation  of  any  person  nominated  for  any  State 
or  judicial  office,  or  as  a  candidate  for  members  of  the  Con- 
gress of  the  United  States,  under  the  provisions  of  the  preced- 
ing sections  of  this  Article,  beginning  with  Section  160-A,  such 
vacancy  shall  be  filled  by  the  State  Central  Committee  or  gov- 
rning  body  for  the  State,  of  the  political  party  to  which  said 


218  REGISTRATION  AND  ELECTION  LAW> 

nominee  belongs;  and  in  the  event  of  any  vacancy  occurring 
because  of  the  resignation  or  deatli  of  any  person  nominated 
for  any  office  in  any  county  of  this  State  tinder  the  provisions 
of  the  aforesaid  preceding  sections  of  this  Article,  such  vacan- 
cy shall  be  filled  by  the  State  Central  Committee,  or  governing 
body  of  the  party  to  which  said  nominee  belongs,  of  the  county 
in  which  any  such  vacancy  occurs.  (Section  188.) 

See  instruction  as  to  this,  supra. 

With  respect  to  the  construction  of  Section  188  and  Section 
201,  both  sections  being  in  reference  to  the  filling  of  vacancies, 
the  latter  section,  in  so  far  as  it  makes  provision  for  the  filling 
of  a  particular  vacancy  under  specific  conditions,  in  said  latter 
section  mentioned,  prevails  as  to  those  vacancies  and  condi- 
tions over  Section  188 ;  and  so  far  as  the  provisions  of  Section 
188  are  broader  than  the  particular  and  specific  provisions  of 
Section  201  the  former  section  —  namely,  188  —  remains  and 
prevails  as  the  law. 

Nomination  of  Candidates  for  State  Offices. 

Every  candidate  for  the  nomination  for  a  State  office,  that  is 
to  say,  an  office  filled  by  the  vote  of  all  the  registered  voters  of 
the  State  of  Maryland,  shall  be  nominated  by  conventions,  the 
delegates  to  which  shall  be  elected  in  accordance  with  the  pro- 
visions of  the  Act  of  1912,  by  the  direct  vote  of  the  registered 
voters  belonging  to  the  political  party  of  which  the  candidate 
is  a  member  and  whose  nomination  for  such  office  he  is  seeking. 

The  offices  here  referred  to  are  Governor,  Comptroller,  At- 
torney-General, Clerk  of  the  Court  of  Appeals,  and  United 
States  Senator,  which  are  the  only  offices  filled  by  the  vote  of 
all  the  registered  voters  of  the 'State  of  Maryland.  (Section 
188  and  Chapter  761,  Acts  of  1914.) 

The  Ballots  in  Primary  Elections  for  State  Offices. 

The  ballots  m  the  primary  elections  for  the  nomination  of 
candidates  for  State  offices,  above  mentioned,  shall  contain  the 
name  of  the  candidates  for  public  office,  delegates  to  party 
conventions  and  managing  bodies,  executives  or  executive  com- 
mittees, to  be  voted  for  as  provided  in  the  aforegoing  sections 
of  the  Act,  that  is  to  say,  the  sections  dealt  with  and  discussed 
hereinbefore ;  and  in  addition  thereto,  and  in  the  same  man- 
ner, the  names  of  all  candidates  for  State  offices  who  have  duly 
qualified  to  have  their  names  placed  upon  such  ballots.  (Sec- 
tion 188.) 

Ascertainment  of  Results  Where  There  Are  Only  Two  Candidates 
for  Any  State  Office. 

In  case  there  are  only  two  candidates  for  any  State  office, 
then  the  one  receiving  the  highest  vote  in  any  county  or  legis- 


OF  THE  STATK  OF  M\RYLAM>.  219 

1  alive  district  shall  receive  the  vote  of  the  delegates  from  such 
ounty  or  legislative  district  in  the  State  Convention,  and  the 
result  shall  be  so  certified  by  the  Supervisors  of  Elections  as 
hereinafter  provided. 

When  Voter  Should.Vote  for  First  and  Second  Choice. 

In  case  there  are  more  than  two  candidates  for  any  State 
office,  there  shall  be  provided  on  the  ballot  two  squares  oppo- 
site the  name  of  each  of  said  candidates,  which  shall  be  desig- 
nated from  left  to  right  as  "First  Choice"  and  "Second 
Choice, ' '  respectively,  so  that  each  voter  may  indicate  his  first 
and  second  choice  or  preference  by  placing  a  cross-mark  in  the 
appropriate  squares  as  aforesaid.  Such  cross-marks  to  be  made 
in  the  same  manner  as  other  cross-marks  for  voting  at  primary 
elections  under  this  Article  for  Baltimore  city  and  the  several 
counties  of  this  State,  respectively. 

If  the  voter  marks  the  same  candidate  for  first  choice  and 
also  for  second  choice,  then  such  ballot  shall  only  be  counted 
for  "First  Choice"  for  said  candidate  and  shall  not  be  count- 
ed at  all  for  ' i  Second  Choice " ;  if  for  second  choice  only  it 
shall  be  counted  for  first  choice. 

Arrangement  of  Tally  Sheets. 

The  tally  sheet  for  such  candidates  for  State  offices  shall  be 
so  arranged  as  to  show  plainly  and  distinctly  how  the  indi- 
vidual voters  voting  for  any  certain  candidate  (John  Smith, 
for  instance ) ,  indicated  their  second  choice  or  preference  from 
among  the  remaining  candidates  (for  instance,  James  Robin- 
son and  Peter  Brown ) ,  in  the  following  form : 


220 


REGISTRATION  AND  ELECTION  LAWS 


FOR  GOVERNOR, 


FIRST  CHOICE. 


Smith- 
mil    inn 
11111   11111 
11111   mil 
11111   11111 

11111  11111=50 


Robinson — 

11111  11111 

11111  11111 

11111  11111 

11111  11111=40 


SECOND  CHOICE. 


Robinson — 

11111  11111 

11111  11111 

11111  11111 

11111  11111=40 


I  Broivn — 

i   11111     11111=10 


Smith — 

11111  11111 
11111  11111 
11111=25 


Brown — 

11111     11111 
11111=15 


Brown — 

11111  11111 
11111  11111 
11111=25 


Smith —  Robinson — 

11111     11111=10      11111     11111 
I   11111=15 


Returns  by  the  Judges. 

The  returns  made  by  the  Judges  of  Election  shall  set  forth 
on  blank  forms  to  be  furnished  by  the  Supervisors  of  Elec 
tions  the  number  of  "first  choice''  votes  cast  for  each  candi- 
date followed  horizontally  by  a  statement  of  the  number  of 
"second  choice"  votes  cast  by  his  supporters  for  each  of  the 
other  candidates.  Such  tabular  statement  and  return  shall  be 
substantially  in  the  following  form,  the  names  of  candidates 
to  be  arranged  thereon  in  the  order  in  which  they  appear  upon 
the  ballot : 


.  Precinct   . 
(or  District) 


.  ..  Ward  .. 
( or  County ) 


Party 


OK  TIIK  STATK  OF  M\RYI,\M>. 
FOR  GOVERNOR. 


221 


FIRST  CHOICE. 

i 

SECOND 

CHOICE 

Candidates. 

AiB. 

C.D. 

E.F. 

G.H. 

A    B 

50 

30 

15 

5 

CD 

40 

25 

10 

5 

K    F               

25 

15 

7 

3 

O   H 

5 

3 

1 

1 

1 

1 

120 

. 

Where  Candidate  Receives  a  Majority  of  All  the  Votes  Cast- 
Determination  of  Second  Choice  Candidates. 


If  any  candidate  shall  receive  a  majority  of  all  the  votes 
cast  and  counted  for  his  office  in  any  county  or  legislative  dis- 
trict for  first  choice  he  shall  be  considered  the  "First  Choice 
Candidate"  of  such  county  or  legislative  district  and  entitled 
to  the  vote  of  the  delegates  from  such  county  or  legislative  dis- 
trict on  the  first  and  subsequent  ballots  in  the  State  Conven- 
tion as  hereinafter  provided. 

And  in  such  case  the  "Second  Choice  Candidate"  of  said 
county  shall  be  determined  by  the  Supervisors  of  Elections  as 
follows : 

The  ballots  cast  for  said  "First  Choice  Candidate"  polling 
a  majority  of  all  the  votes  of  said  county  as  aforesaid  shall  be 
distributed  among  the  remaining  candidates  according  to  the 
way  the  voters  marking  the  same  have  indicated  their  "Second 
Choice."  That  is  by  adding  to  said  first  choice  votes  of  each 
of  said  remaining  candidates  the  second  choice  votes  of  those 
voting  for  the  candidate  polling  a  majority  over  all  for  first 
choice. 

And  if  in  such  ease  none  of  said  remaining  candidates  has 
then  received  a  majority  of  all  the  votes  cast  and  counted  for 
said  office  in  said  county  or  legislative  district,  then  the  lowest 
of  said  first  choice  candidates  shall  be  dropped  from  the  can- 
vass and  the  votes  cast  for  him  for  "First  Choice"  shall  be 
distributed  among  the  candidates  still  remaining  according 
to  the  way  the  voters  marking  said  dropped  candidate  for 
"First  Choice"  have  indicated  their  "Second  Choice." 


222  REGISTRATION  AND- ELECTION 

This  process  of  dropping  the  lowest  candidate  and  distri- 
buting his  ballots  as  marked  for  Second  Choice  among  the  re- 
maining candidates  shall  be  continued  by  the  Supervisors  at 
the  canvass  until  one  of  them  shall  be  credited  with  a  major- 
ity of  all  the  votes  cast  counted  for  said  office  in  said  county 
or  legislative  district  or  until  there  is  only  one  candidate  re- 
maining. 

And  said  candidate  thus  receiving  the  majority  vote  of  said 
county  or  legislative  district  or  being  the  last  remaining  can- 
didate shall  be  considered  the  ' '  Second  Choice ' '  of  said  county 
or  legislative  district  and  shall  be  entitled  to  receive  the  votes 
of  said  county  or  legislative  district  in  the  State  Convention 
after  the  name  of  the  First  Choice  candidate  shall  have  been 
dropped  from  the  consideration  of  said  Convention  as  herein- 
after provided. 

Where  No  Candidate  Receives  a  Majority  of  Votes  Cast — Deter- 
mination of  First  and  Second  Choice  Candidates. 

In  case  no  candidate  receives  a  majority  of  all  the  "  First 
Choice"  votes  cast  and  counted  in  any  county  or  legislative 
district,  but  only  receives  a  plurality  thereof,  then  the  candi- 
date receiving  the  lowest  "First  Choice"  vote  shall  be  drop- 
ped at  the  canvass  and  the  ballots  tallied  for  him  for  "First 
Choice"  shall  be  distributed  among  the  remaining  candidates 
according  to  the  way  his  said  voters  voting  for  said  lowest  can- 
didate for  first  choice  have  indicated  their  "Second  Choice." 

And  the  process  of  dropping  from  the  canvass  the  lowest 
candidate  as  aforesaid  and  distributing  the  "Second  Choice" 
marked  upon  his  first  choice  ballots  aiD^ng  the  remaining  can- 
didates shall  be  continued  by  the  Supervisors  of  Election  at 
the  canvass  until  one  of  them  shall  be  credited  with  a  major- 
ity of  all  the  votes  cast  and  counted  for  said  office  in  said 
county  or  legislative  district  or  until  there  is  only  one  candi- 
date remaining. 

And  such  candidate  so  receiving  a  majority  or  being  the 
last  remaining  candidate  shall  be  "The  First  Choice"  of  said 
county  or  legislative  district,  and  shall  be  entitled  to  receive 
the  vote  of  the  delegates  from  such  county  or  legislative  dis- 
trict on  the  first  and  subsequent  ballots  in  the  State  Conven- 
tion until  his  name  is  dropped  before  such  convention  as  here- 
inafter provided. 

And  the  Second  Choice  of  said  county  or  legislative  district 
shall  be  determined  by  distributing  the  votes  of  the  "First 
Choice"  candidate  among  the  remaining  candidates  according 
to  the  way  his  said  voters  have  indicated  their  "Second 
Choice"  or  preference.  And  if  this  does  not  give  a  majority 
of  all  the  votes  cast  and  counted  to  any  candidate,  then  the 
lowest  first  choice  candidate  shall  be  dropped  from  the  canvass 
and  his  "Second  Choice"  distributed  among  the  remaining 
candidates  and  thus  added  to  their  "First  Choice"  votes. 


OF  THK  STVTK  OF  MAHVI-VM>.  223 

And  if  necessary,  continuing  the  above  process  by  dropping 
Hir  lowest  candidates  and  distributing:  his  votes  as  marked  for 
"Second  Choice"  among  the  remaining  candidates  until  one 
(IMS  a  majority  of  the  votes  cast  and  counted  or  is  the  only  one 
remaining.  And  such  one  so  having  a  majority  or  being  the 
only  one  remaining  shall  be  the  "Second  Choice"  candidate 
of  said  county  or  legislative  district  and  shall  be  entitled  to 
ivreive  the  votes  of  said  county  or  legislative  district  in  the 
State  Convention  after  the  name  of  the  First  Choice  candidate 
of  said  county  or  legislative  district  shall  have  been  dropped 
from  the  consideration  of  said  convention  as  hereinafter  pro- 
vided. 

Form  of  Certificate  Issued  to  Delegates  to  State  Convention. 

The  Supervisors  of  Elections  in  Baltimore  city  and  the 
counties  of  the  State  shall  issue  to  the  delegates  elected  to  each 
State  convention  of  such  parties,  a  certificate  of  election,  which 
certificate  shall  also  contain  the  result  of  such  primary  elec- 
tion balloting  where  there  are  only  two  candidates  and  also 
as  to  the  first  and  second  choice  or  preference  of  the  voters 
of  such  party  for  the  candidates  so  voted  upon  where  there 
<//>'  more  than  two,  and  such  certificate  shall  be  accepted  as  the 
credentials  of  such  delegation  in  such  convention  of  such  par- 
ty and  as  the  instructions  of  the  voters  of  such  party  in  such 
county  and  legislative  district  of  Baltimore  city  as  to  how  the 
votes  of  such  delegation  are  to  be  cast,  and  duplicate  of  such 
certificates  shall  be  mailed  at  once  by  said  Supervisors  of  Elec- 
tions to  the  Chairman  of  the  State  Central  Committee  of  the 
State  of  each  of  the  political  parties  coming  within  the  pro- 
visions of  this  Article. 

Calling  State  Convention. 

Such  Convention  may  be  called  according  to  such  party 
rules  or  usage  not  later  than  five  weeks  prior  to  the  election 
following  such  Primary  Election. 

Under  the  procedure  of  both  of  the  leading  political  parties 
of  Maryland,  the  State  Convention,  according  to  the  above 
provision  of  the  law.  will  be  called  by  the  Chairman  of  the 
State  Central  Committee  for  the  whole  State  of  each  of  said 
parlies. 

Nomination  of  State  Candidates  by  State  Convention. 

Immediately  after  such  credentials  have  been  received  and 
the  State  Convention  has  effected  a  permanent  organization, 
it  shall  proceed  to  the  nomination  of  its  candidates.  (Section 

188.) 


224  REGISTRATION  AND  ELECTION  LAWS 

Delegations  Must  Vote  According  to  the  Certified  Instructions 

From  Each  County  and  Legislative  District. 

Majority  Vote  Required. 

The  several  delegations  shall  be  required  to  cast  and  the 
chairman  shall  announce  the  vote  according  to  such  instruc- 
tions so  received  by  the  several  delegations  in  the  primaries 
so  held  in  their  respective  counties  or  legislative  districts  of 
Baltimore  city ;  and  if  the  result  of  such  ballot  in  such  conven- 
tion shows  that  there  has  been  no  nomination  for  such  office 
by  a  majority  vote  of  such  convention,  then,  and  in  that  event, 
the  candidate  receiving  the  lowest  vote  for  such  office  shall  be 
dropped  from  the  ballotting  by  the  convention,  and  the  dele- 
gation or  delegations  so  voting  for  such  candidate  whose  name 
is  so  dropped  on  the  first  ballot,  shall  cast  their  vote  on  the 
second  ballot  of  such  convention  for  the  candidate  or  candi- 
dates who  is  or  are  the  second  choice  of  such  counties  or  legis- 
lative districts  of  Baltimore  city,  as  appears  from  the  creden- 
tials and  instructions  of  such  delegations;  and  if  no  nomina- 
tion is  made  by  such  convention  for  such  office  by  a  major  it  ij 
vote  of  the  delegates  upon  such  second  ballot,  the  same  process 
of  dropping  the  last  lowest  candidate  and  transferring  the 
votes  of  the  delegations  voting  for  the  same  to  their  second 
choice,  as  shown  by  their  said  instructions,  shall  be  continued 
until  a  nomination  for  such  office  shall  have  been  made  and 
declared  by  such  convention  by  a  majority  vote  of  the  dele- 
gates constituting  the  same;  provided,  that  when  a  delegation 
from  any  county  or  legislative  district  have  first  voted  for 
their  county's  or  legislative  district's  first  choice  until  he  has 
been  dropped  as  the  lowest  candidate  in  convention  and  have 
subsequently  voted  for  their  second  choice  until  he  in  turn  has 
been  dropped  in  the  same  way,  they  may  then  and  only  then 
after  their  first  and  second  choices  have  been  thus  dropped, 
vote  without  instructions  for  any  candidate  they  desire  among 
the  candidates  still  remaining  before  the  convention. 

Absence  of  Delegates. 

If  one  or  more  delegates  to  such  convention  shall  be  absent 
when  any  such  ballot  is  taken,  the  member  or  members  of  such 
delegation  present  shall  cast  the  vote  of  the  entire  delegation 
according  to  such  instructions.  (Section  188.) 

Tie  Vote — Chairman  Decides. 

In  case  of  a  tie  vote  on  any  ballot,  the  Chairman  of  the  con- 
vention shall  cast  the  deciding  vote  on  that  ballot.  (Section 

188.)      . 


OF  TIH-:  STATK  OF  MARYLAND.  225 

Certification  of  Nominations  by  State  Convention  Must  Show  That 

Vote  of  County  and  Legislative  District  Delegations  Were 

Cast  According  to  Their  Certified  Instructions. 

The  nominations  to  be  made  by  such  conventions  shall  be 
made  in  like  manner  and  certified  as  required  by  this  Article. 
(Section  188.) 

The  certifications  of  its  nominations  by  the  State  Conven- 
tion of  each  party  shall  be  as  heretofore  made,  with  the  addi- 
tion next  specifically  required  by  the  Act,  namely : 

Such  certificates  shall  also  show  thai* in  the  nomination  of 
such  candidates  for  such  offices  the  votes  of  the  delegations 
from  the  several  counties  and  legislative  districts  of  Baltimore 
city  were  cast  according  to  the  instructions  which  appear  in 
the  credentials  of  such  delegations  upon  each  and  every  ballot 
east  in  the  nomination  of  such  candidate,  and  if  such  certifi- 
cate of  such  nomination  be  not  furnished,  such  nomination 
shall  be  held  to  be  defective  and  the  name  of  such  nominee 
shall  not  appear  upon  the  official  ballot  at  the  election  to  be 
held  to  fill  such  office.  (Section  188.) 

It  is  obviously  important  that  this  requirement  of  the  Stat- 
ute shall  be  observed  and  the  Attorney-General  will,  if  desired, 
assist  the  officers  of  the  several  State  Conventions  in  comply- 
ing therewith. 

Voting  for  State  Candidates. 

The  ballots  in  such  cases  shall  be  cast  in  Baltimore  city  and 
the  several  counties  of  the  State,  respectively,  as  provided  in 
the  preceding  sections,  and  shall  be  counted  and  canvassed  and 
the  result  of  the  election  announced  and  certified  in  Baltimore 
city  and  in  each  of  the  counties  of  the  State  as  now  provided 
by  Article  33  for  elections  held  hereunder,  and  said  primary 
elections  shall  be  held  and  conducted  and  determined  in  the 
manner  and  form  provided  by  this  Article  for  general  elec- 
tions and  subject  to  all  regulations,  requirements  and  provi- 
sions as  prescribed  by  this  Article  for  general  elections,  in  so 
far  as  the  same  is  or  are  or  may  be  applicable  to  said  primary 
elections  except  as  may  be  herein  otherwise  provided.  (Sec- 
tion 188.) 


226  REGISTRATION  AND  ELECTION  LAWS 


Offenses  and  Penalties. 


189.  The  provisions,  all  and  singular,  from  Section  89  to  117 
of  this  Article,  both  inclusive,  and  the  offenses  defined  and  the 
penalties  and  punishments  prescribed  therefor  in  said  sections, 
respectively,  shall  be  fully  applicable  in  all  respects  to  the 
same  persons,  matters  and  omissions  in  connection  with  or 
pertaining  to  the  primary  elections  of  any  primary  election 
held  under  this  Article,  sub-title,  '; Primary  Elections";  and 
said  sections  are  hereby  made  applicable  to  all  primary  elec- 
tions provided  for  and  held  hereunder ;  except  the  penalty 
upon  the  vote-seller,  etc.,  so  as  not  to  conflict  with  Section 
199-A,  which  places  the  penalty  on  the  vote-buyer  alone,  and 
any  judge,  clerk  or  other  officer  of  any  primary  election,  or 
any  voter  or  other  person,  except  the  vote-seller  as  aforesaid, 
who  would  be  deemed  guilty  of  any  offense  against  the  Gen- 
eral Election  Law,  or  under  provision  or  provisions  thereof, 
in  a  general  election,  who  is  found  guilty  of  the  same  offense  in 
any  primary  election,  as  herein  provided  for,  shall  be  deemed 
guilty  of  the  same  crime  of  which  his  offense  is  made  to  consist 
by  and  under  the  General  Election  Law,  and  particularly 
under  any  of  the  above-mentioned  sections,  respectively,  there- 
of, and  shall  be  liable  to  the  same  punishment  or  penalty  as  is 
prescribed  for  such  sections  thereof;  provided,  that  Sections 
190  to  199  of  this  Article  with  respect  to  offenses,  penalties 
and  punishments  under  the  Primary  Election  Law  shall  have 
full  force  and  effect  in  all  cases  to  which  the  same  are  ap- 
plicable. 

Corrupt  Practices  Act  Applies  to  Primary  Elections. 

Section  161  of  Article  08  of  the  Code  being  the  first  section 
of  Corrupt  Practices  Act  declares  that  the  provisions  of  that 
Act  are  applicable  to  primary  elections  and  that  the  term 
"Primary  Elections,"  shall  include  (a)  all  elections  held  to 
nominate  candidates  for  any  public  office  or  to  elect  delegates 
to  a  nominating  convention;  (b)  nominating  conventions  of 
such  delegates:  (c)  caucuses  of  members  of  the  General  As- 
sembly. (Act  1908,  Chapter  122.) 

Tt  is  the  duty  of  the  State's  Attorney  of  Baltimore  city  and 
of  the  several  counties  to  enforce  the  "provisions  of  the  Cor- 
rupt Practices  Act,  and  special  instructions  will  be  issued  to 
them  to  prosecute  without  fail  all  violations  of  that  Act. 


OF  THE  STATE  OF  MARYLAND.  227 

Judges  Have  Power  to  Arrest. 

Section  190  of  the  Primary  Election  Law  provides  that 
each  of  the  Judges  of  Election  shall  have  power  to  cause  the 
arrest  of  anyone  violating  the  law  arid  each  judge  may  desig- 
nate some  person  for  that  purpose  in  the  absence  of  any  per- 
son authorized  by  law  to  make  arrests.  Eacli  judge  is  also  a 
conservator  of  the  peace  in  their  respective  primary  election 
polls  and  may  cause  the  arrest  of  any  person  disturbing  the 
peace  and  may  cause  the  party  so  arrested  to  be  committed 
for  the  action  of  the  Grand  Jury  or  a  Justice  of  the  Peace  as 
the  case  may  be. 

Judge,  Clerk  or  Members  of  Political  Body  Liable  to  Prosecution 
for  Violation  of  the  Law. 

Section  191  of  the  Primary  Election  Law  provides  that 
any  judge  or  clerk  of  the  primary  election,  or  any  member  of 
a  State  Central  Committee,  or  of  the  governing  body,  on  whom 
any  duty  is  required  to  be  performed,  who  shall  be  guilty  of 
any  wilful  violation  of  the  Act  or  of  any  neglect  or  corrupt 
practice  in  executing  it,  shall  upon  conviction  be  punished  by 
fine,  or  imprisonment,  or  both. 

Keeping  False  Poll  Lists  or  Making  False  Entry. 

Section  192  makes  it  a  criminal  act,  subject  to  penalties, 
for  any  clerk  or  judge  of  any  primary  election  to  wilfully  keep 
a  false  poll  list  or  book  of  registry,  or  to  knowingly  insert 
therein  any  false  statement  or  name  or  abbreviation  or  check 
or  mark  or  to  conceal,  destroy  or  mutilate,  deface,  falsify,  or 
fraudulently  remove  or  secrete  the  whole  or  any  part  of  any 
records,  registry  of  voters,  return,  or  statement  of  votes,  poll 
lists  or  any  papers,  documents,  ballots,  envelopes  or  papers  of 
any  description  in  the  Act  directed  to  be  made,  filed  or  pre- 
served, or  who  shall  fraudulently  make  any  entry,  erasure  or 
alteration  therein,  or  who  permits  or  encourages  any  other  per- 
son to  do  so. 

Disobedience  of  Lawful  Command  of  Judge  of  Primary  Election. 

Section  193  provides  that  any  person  who  shall  wilfully 
disobey  any  lawful  command  of  any  judge  of  primary  elec- 
tion given  in  the  execution  of  his  duty  at  such  election,  or  if 
any  person  causes  any  breach  of  the  peace,  or  is  guilty  of  any 
disorder,  violence,  or  threats  of  violence,  whereby  the  election 
or  canvass  shall  be  impeded  or  hindered,  or  whereby  the  lawful 
proceedings  of  any  judge,  clerk,  or  governing  body  of  such 
party,  or  challenger,  or  watcher  are  interfered  with,  such  per- 
son shall,  upon  conviction  thereof,  be  lined  or  imprisoned,  or 
both. 


228  fiKGlSTKATlON    AND    ELECTION    L  AWS 

Obstructing,  Assaulting,  Bribing  or  Soliciting  Judges 
or  Clerks,  Etc. 

Section  194  makes  it  a  criminal  act,  punishable  by  fine, 
imprisonment,  or  both,  for  any  person  knowingly  or  wilfully 
to  obstruct,  hinder  or  assault,  or  by  bribery,  solicitation,  or 
otherwise  to  interfere  with  any  judge,  or  clerk,  or  challenger, 
or  member  of  the  governing  body,  and  any  party  holding  a  pri- 
mary election  in  the  performance  of  any  duty  required  of  him, 
or  which  he  may  by  law  be  authorized  or  permitted  to  per- 
form, or  for  any  person,  by  any  of  the  means  aforesaid,  or 
otherwise,  on  the  day  of  the  primary  election,  or  of  the  can- 
vassing of  the  returns  of  such  primary  election,  to  hinder,  or 
prevent  any  judge,  clerk,  challenger,  watcher,  or  member  of 
the  governing  body  of  any  party  in  his  free  attendance  and 
presence  at  the  place  of  holding  such  primary  election,  or  can- 
vassing the  returns  therefrom,  or  in  his  full  and  free  access  to 
and  from  any  room  where  the  same  is  held,  or  to  molest,  inter- 
fere with,  remove  or  eject  from  any  such  place  of  voting  or  of 
canvassing  any  such  judge,  clerk,  challenger  or  watcher,  or 
who  shall  unlawfully  threaten,  or  attempt  or  offer  to  do  so. 

Concealing,  Breaking  or  Destroying  Ballot  Boxes,  Etc. 

Section  195  makes  it  a  felony  under  the  Act,  punishable  by 
imprisonment  in  the  penitentiary  for  not  less  than  one  or  more 
than  five  years,  for  any  person  upon  the  day  of  the  primary 
election,  or  before  the  canvass  of  the  votes  is  completed  to 
conceal  or  wilfully  break  or  destroy  any  ballot  box  used  or  in- 
tended to  be  used  at  such  primary  election',  or  to  wilfully  or 
fraudulently  conceal,  secrete  or  remove  any  such  ballot  box,  or 
the  primary  election  register  or  any  of  the  envelopes  or  of 
other  paraphernalia  provided  for  holding  such  primaries  from 
the  custody  of  the  judge  or  judges  of  primary  election,  or 
other  person  in  charge  thereof,  or  who  shall  alter,  deface, 
injure,  or  destroy  or  conceal  any  ballot  which  has  been  de- 
posited in  any  ballot  box  at  such  primary  election  which  has 
not  been  counted  and  canvassed,  or  any  poll  list,  or  book  of 
registry  used  at  such  primary  election,  or  any  report,  return, 
certificate  or  any  evidence  in  this  Act  required ;  or  who  shall 
print  or  circulate  as  an  official  ballot  one  which  is  not  official, 
or  who  shall  give  out  or  carry  away  from  the  custody  of  the 
election  officials,  any  official  envelope  for  voting  otherwise  than 
as  provided  by  this  Act.  (Section  195.) 

Judge  or  Clerk  Must  Not  be  Late — Presence  of  a  Majority  of  the 
Judges  at  Opening  of  the  Polls  Absolutely  Essential. 

Section  196  makes  it  criminally  punishable  for  the  judges 
or  clerks  of  any  primary  election  to  be  late  without  urgent 


OF  Tin-:  STATK  OF  A I  VUYLAND.  229 

necessity,  at  the  opening  of  the  polls,  during  the  primary  elec- 
tion, or  to  absent  himself  during  the  canvass  of  the  ballots  or 
the  making  up  of  the  returns,  or  to  receive  any  vote  or  proceed 
with  the  canvass  of  ballots  or  consent  thereto  unless  a  ma- 
jority of  the  judges  of  the  primary  election  in  said  election 
district  are  present  and  concur. 

Drinking  or  Selling  or  Buying  of  Any  Distilled  or  Spirituous  Liq- 
uors, Wine,  Ale  or  Beer,  at  Any  Place  of  Primary  Election, 
During  Hours  of  Primary  Election,  Prohibited  and  Pun- 
ishable  by   Fine.     No    Sale    of   Liquor    on    Primary 
Election  Day.     Also  Making  of  Bets  or  Wagers 
Upon  Results  of  Election  Prohibited. 

Section  197  makes  it  criminal  and  punishable  for  any  per- 
son, during  the  hours  of  any  primary  election  or  canvass  of 
votes,  or  of  making  returns  thereof  in  any  election  district,  to 
bring,  take,  order  or  send  into,  or  attempt  to  bring,  or  take,  or 
send  into  any  place  of  primary  election  any  distilled  or  spir- 
ituous liquors,  wine,  ale  or  beer,  or  at  such  time  and  place, 
drink  or  partake  of  such  liquors,  and  also  for  the  keeper  of 
any  hotel,  tavern,  store  or  any  other  establishment,  or  for  any 
persons  or  person,  corporation  or  corporations,  directly  or  in- 
directly, to  sell,  barter,  give  or  dispose  of  any  spirituous  or 
fermented  liquors,  ale  or  beer,  or  intoxicating  drinks  of  any 
kind  on  the  day  of  any  primary  election  hereafter  to  be  held  in 
any  county.  No  betting  or  making  of  wagers  upon  the  result 
of  the  primary  election  is  permitted,  and  any  person  guilty  of 
such,  upon  conviction  thereof,  shall  be  fined,  such  fine  to  be 
paid  to  the  County  Commissioners  for  the  use  of  the  public 
roads. 

Electioneering,  Unnecessary  Assistance  of  Voters,  Undue  Influence 

of  Same,  Etc.,  Within  One  Hundred  Feet  of  Polling  Place, 

Punishable  by  Fine,  Imprisonment,  or  Both. 

Section  198  provides  that  whoever  shall  electioneer  with- 
in one  hundred  feet  of  any  polling  place  of  any  primary  elec- 
tion in  any  county  or  who  shall  place  a  distinguishing  mark 
upon  any  ballot  or  envelope  delivered  to  for  the  use  of  any 
voter  at  any  such  primary  election,  or  who  shall  provide  for 
or  enclose  in  any  envelope  to  be  used  in  voting  such  ballot, 
any  inclosure  whereby  to  identify  the  ballot,  or  who  shall  en- 
deavor to  induce  any  voter  within  the  polling  place  to  show 
how  his  ballot  has  been  marked,  or  who  shall  carry  away  or 
attempt  to  carry  away  from  the  polls  or  the  officials  having 
custody  of  the  same,  any  envelope  or  envelopes,  or  who  shall 
deliver  to  any  voter  for  use  in  casting  his  ballot,  or  use  any 


230  REGISTRATION  AND  ELECTION  LAWS 

ballot  or  envelope  different  from  those  provided  for  in  this 
Act,  or  who  shall  show  the  face  of  a  marked  ballot  to  any 
judge,  clerk,  officer  or  other  person  inside  the  polling  place 
before  the  polls  close  or  who  shall  induce,  request,  directly  or 
indirectly  agree  with  or  encourage  a  voter  to  keep  his  ballot  in 
sight  of  any  person  or  persons  from  the  time  at  which  the  con- 
tents are  known  by  any  such  person  or  persons  or  his  associate 
or  associates  until  delivered  to  the  judge  in  the  envelope  to  be 
deposited  in  the  ballot  box,  shall,  upon  conviction  thereof,  be 
punished  by  fine,  or  imprisonment,  or  both. 

Corrupt  Practices  Act  Expressly  Applicable. 

Section  199  makes  all  the  provisions,  prohibitions  and  pen- 
alties prescribed  in  the  Corrupt  Practice's  Act  applicable  to 
primary  elections  held  under  the  Primary  Election  Law,  and 
exempts  the  vote  seller  from  punishment  and  imposes  the  pen- 
alty upon  the  vote  buyer  alone. 

This  section  is  a  most  important  one  and  provides  for  the 
punishment  by  fine  and  imprisonment  of  anyone  convicted  of 
purchasing  or  attempting  to  purchase,  directly  or  indirectly, 
the  vote  of  any  voter  at  a  primary  election,  or  of  in  any 
manner  interfering  with,  or  of  in  any  manner  coercing  such 
voter  by  threats,  insinuations,  inducements  or  otherwise.  It 
also  provides  that  one-half  of  the  fine  shall  be  paid  to  the 
informer  who  may  be  the  person  who  was  bribed  or  coerced,  or 
attempted  to  be  bribed  or  coerced,  and  the  person  selling  his 
vote  is  exempt  from  prosecution  and  punishment.  (Section 
199-A.) 

This  section  relates  to  primary  election  contests,  and  clothes 
the  Supervisors  of  Elections  with  full  authority  upon  the  peti- 
tion of  a  defeated  candidate  to  recount  the  ballots  cast  in  any 
or  all  of  the  precincts  of  any  county  or  city.  Ample  provi- 
sion is  made  for  an  expeditious  recount,  and  the  recount  must 
be  in. the  presence  of  the  candidates  or  their  representatives. 
and  the  press  and  general  public.  (Section  199-B.) 


OK  THI;  STATE  OF  MARYLAND.  231 


FORMS  OF  BLANKS. 

Which  Supervisors  Are  to  Have  Printed  in  Sufficient  Quantities 
to  Supply  Each  Registration  and  Polling  Room. 


PREPARED  BY  THE  ATTORNEY  GENERAL  OF  MARYLAND. 

In  accordance  With  the  Provisions  of  Section  120  of  Article  33  of 
the  Code  of  Public  General  Laws. 


REGISTRATION  FORMS. 


SUMMONS. 

To  the  Sheriff  or  to  any  Constable  of 

County,  Greeting: 

You  are  hereby  commanded  to  summons , 

who  resides  at ,  to  appear  before  us,  the  Board 

of  Registry,  of  the election  precinct  of  the 

district  of  said  county,  to  testify  on  the 

day  of 191 .  . ,  at  ....  M.,  in  the  matter  of  register- 
ing (or  erasing  the  name  of)  ,  which  matter  is 

now  pending  before  us  as  such  Board  of  Registry. 

In  testimony  whereof,  witness  our  hands  and  seals  this 

day  of ,  191 .  . 


Board  of  Registry  for  the precinct  of  the ..!... 

district  of  said  county. 

ATTACHMENT. 

To ,  Esq.,  Sheriff  of County,  or 

to  any  Constable  of County,  Greeting : 

We,  the  Board  of  Registry  for  the election  pre- 
cinct of  the district  in  said  county,  hereby  command 

you  to  take  the  body  of ,  who  resides  at , 

in ,  and  him  or  her  immediately  have  before  us, 

as  such  officers  of  registration,  to  answer  a  contempt  of  our 


232  REGISTRATION  AND  ELECTION  LAWS 

authority,  as  such  officers  of  registration,  in  not  being  present 

at  our  office  ( )  on  the 

Here  insert  place  of  said  office. 

day  of ,  191 . . ,  and  in  not  answering  to  his  name 

when  called  to  testify  in  this  matter  or  registering  (or  erasing) 

the  name  of upon  the  registers  of  this 

precinct,  after  having  been  legally  summoned  to  testify  then 
and  there  and  therein. 

Tn  Testimony  Whereof,  witness  our  hands  and  seals  as  such 
Board  of  Registry,  this day  of ,  191 .  . 


Board  of  Registry  for  the election  precinct  of 

the district  of county. 

COMMITMENT  BY  BOARD  OF  REGISTRY. 

State  of  Maryland, County,  to- wit : 

To  the  Sheriff  of County,  Greeting : 

You  are  hereby  commanded  to  receive  the  body  of 

who  is  committed  for  trial  before  the  Circuit  Court  of 

County,  for  the  offense  of 

(Here  set  forth  as  nearly  as  you  can  in  the  language  of  the 

law  the  exact  offense  for  which  3-011  have  committed  him. ) 
at  or  around  the  place  of  registration  of  the  names  of  quali- 
fied voters  of  the election  precinct  of  the 

district  of  said  county,  and  him,  the  said safely 

keep  in  your  custody  in  jail,  until  he  shall  be  thence  discharged 
according  to  law ;  thereof  fail  not  at  your  peril. 

In  Testimony  Whereof,  witness  our  hands  and  seals  this .... 

day  of ,  191 .  . ,  as  the  Board  of  Registry  for  the 

election  precinct  of  the district  of  said  county. 

(Sean 

(Seal.) 

Board  of  Registry  for  the election  precinct  of 

the district  of county. 

SUBSTITUTE  OFFICER  OF  REGISTRATION. 
Oath  to  be  Taken  By. 

T, residing  at ,  in  the 

county  of ,  in  the  State  of  Maryland,  do 

solemnly  swear   (or  affirm)   that  T  am  a  legal  voter  in  the 

precinct  of  the district  of  the  county 

of ,  in  said  State ;  that  T  will  support  the  Constitu- 
tion of  the  United  States  and  that  T  will  be  faithful  and  bear 
true  allegiance  to  the  State  of  Maryland  and  support  the  Con- 
stitution and  laws  thereof,  and  that  T  will  faithfully  and 
honestly  discharge  the  duties  of  an  officer  of  registration  and 


OF  THE  STATE  OF  MARYLAND. 

•of  j  udge  of  election  for  the precinct  of  the 

district  of  the  county  of ,  in  the  State  of  Mary- 
land, according  to  the  best  of  1113-  ability;  and  I  do  further 
swear  (or  affirm  j  that  I  will  not  attempt  to  ascertain,  save  in 
cases  and  in  the  manner  in  which  I  am  authorized  by  law  so 
to  do,  for  what  candidate  or  candidates  any  person  shall  vote 
or  has  voted,  on  any  question,  which  may  be  or  may  have  been 
submitted  to  the  vote  of  the  people,  and  if  such  knowledge 
shall  be  acquired  by  me,  1  will  not  directly  or  indirectly,  by 
word  or  act,  divulge  or  reveal  the  same  or  aid  in  doing  so,  save 
when  I  may  be  required  to  do  so  by  law  in  some  legal  pro- 
ceeding. 


Signature  of  Substitute  Register. 

Sworn  and  subscribed  before  mr,  an  officer  of  registration 
and  judge  of  election  of  said  precinct,  this day  of 

,191., 


the district  of  the county. 

SUBSTITUTE  OFFICER  OF  REGISTRATION. 
Note  of  Appointment  to  be  Made  in  Registers. 

It  is  hereby  noted  that  on  this day  of 

191  .  .,  at  the  hour  of M..  was  appointed  by  me,  a 

member  of  the  Board  of  Registry,  to  take  the  place  of , 

a  regular  officer  of  registration,  who  was  then  compelled  to 

absent  himself  for  the  following  reason  ( ) 

Here  insert  reason. 

and  1  do  hereby  further  certify  that  before  acting  as  such 
officer  of  registration,  the  said  substitute  officer  of  registra- 
tion took  and  subscribed  the  oath  below  set  forth,  and  the  said 

substitute  officer  of  registration  served  until  the day 

of 191 .  . ,  at  the  hour  of 


Member  of  the  Board  of  Registry  of  the 
precinct  of  the district  of  the  . 


OATH. 

To  be  Taken  by  Applicant  for  Registration. 

In  the  presence  of  Almighty  God,  you  do  solemnly  promise 
(or  affirm)  that  you  will  fully  and  truly  answer  all  such  ques- 
tions as  shall  be  put  to  you,  touching  your  place  of  residence, 
name,  place  of  birth,  your  qualifications  as  a  voter  and  your 
right  as  such  to  register  and  vote  under  the  laws  of  this  State. 


234  REGISTRATION  AND  ELECTION  LAWS 

PETITION  TO  COURT. 
By  Applicant  for  Registration  Refused  Registration. 

................  vs  ................. 

Board  of  Registry  of  the  ......  .....  election  precinct  of  the 

.............  district  of  .............  county. 

To  the  Honorable,  the  Judges  of  Said  Court  : 

I,  ..........  ,  in  the  presence  of  Almighty  God,  do  solemnly 

declare  that  I  did  on  ...............  ,  make  application  to  the 

Board  of  Registry  of  the  ...........  election  precinct  of  the 

..............  district  of  the  ........  county,  and  that  said 

Board  of  Registry  refused  to  register  me  as  a  qualified  voter 
in  said  precinct,  and  that  I  am  a  duly  qualified  voter,  entitled 
to  vote  at  the  next  election. 


_ 

Here  voter  signs  his  name. 

Subscribed  and  sworn  to  before  me,  a  Justice  of  the  Peace 
of  the  State  of  Maryland,  in  and  for  the  county  aforesaid, 
this  ...........  day  of  ...........  ,  191  .  . 

...............................  ,  J-  P- 

OATH. 

Of  Person  Who  Asked  That  a  Name  be  Erased  From  the  Registry. 

I,  ...........  .  ,  a  voter  of  ..........  county,  in  the  pres- 

ence of  Almighty  God,  do  solemnly  declare  that  I  believe  ..... 

.........  who  professes  to  reside  at  ..........  is  not  a  quali- 

fied voter  in  the  ...........  precinct  of  the  ...........  dis- 

trict of  the  ..............  county,  on  the  ground  (here  state 

grounds)  ............................................. 

Subscribed  and  sworn  to  before  us,  the  Board  of  Registry  of 
said  precinct,  this  ............  day  of  ............  191  .. 


NOTICE. 
To  Persons  Whose  Names  Are  on  Suspected  List. 

To 

Dear  Sir: — You  are  hereby  notified  to  appear  before  the 

Board  of  Registry  for  the election  precinct  of  the 

district  of county,  on  Tuesday  next. 

the day  of  October,  191 .  . ,  between  the  hours  of  8 

a.  m.  and  8  p.  m.,  on  said  day.  and  then  and  there  show  cause. 
if  any  you  have,  why  your  name  should  not  be  erased  from 
the  registry  of  said  precinct. 

:  By  order  of  Board  of  Registry  of  the precinct. 

of  the  .  .  district  of  the  .  .  count v. 


Clerk  of  Board  of  Registry. 


OF  THK  STATK  OF  MARYLAND.  235 

AFFIDAVIT. 

By  Clerk  of  Board  of  Registry,  Showing  Services 
of  Notices  by  Him. 

State  of  Maryland,  County  of ,  to- wit : 

"1,  . ,  Clerk  of  the  Board  of  Registry  of  the  .... 

election  precinct  of  the district  of  the 

county,  do  hereby,  in  the  presence  of  Almighty 

God,  solemnly  declare  (or  affirm)  that  I  have,  in  accordance 
with  law,  mailed  notices  to  the  following  persons,  addressed 
to  the  residences  below  set  forth,  opposite  the  name  of  each  of 
said  persons,  requiring  such  persons  and  each  of  them  to  ap- 
pear before  the  Board  of  Registry  of  said  precinct  on  Tuesday, 

October ,  between  the  hours  of  8  a.  m.  and  8  p.  m. 

to  show  cause,  if  any  they  have,  why  their  names  should  not 
be  erased  from  the  registry. ' ' 

Name.  Address  to  which  notice  was  mailed. 


And  I  do  further,  in  the  presence  of  Almighty  God,  declare 
(or  affirm)  that  upon  the  following  persons  I  served  a  dupli- 
cate of  said  notice  personally,  namely, ,  and  that 

upon  the  following  persons  I  served  said  notice  by  leaving  the 
same  at  their  registered  addresses,  which  addresses  are  below 
set  forth  opposite  the  name  of  each  of  said  persons : 

Name.  Address. 


Clerk  of  the  Board  of  Registry  of Precinct. 

Sworn  and  subscribed  before  me,  a  judge  of  election  and 

officer  of  registration  of  the election  precinct  of 

the district  of  the county,  this 

day  of  October,  191.  . 


OATH. 

Of  Voter  Whose  Name  Was  on  the  Suspected  List,  But  Who  Ap- 
pears Before  the  Board  of  Registry  to  Show  Cause 
Why  His  Name  Should  Not  be  Stricken  Off. 

I,  in  the  presence  of  Almighty  God.  do  solemnly  declare 
that  I  am  a  citizen  of  the  United  States,  and  that  I  have  re- 
sided in  the precinct of  the 

district  of  the county,  in  the  State  of  Maryland, 

from  the day  of 191 .  . ,  up  to  the 

day  of ,  191 .  . ,  and  that  I  have  not  since  acquired  a 

later  residence,  giving  me  a  right  to  vote  elsewhere. 


236  REGISTRATION  AND  ELECTION  LAWS 

Sworn  and  subscribed  before  us,  the  Board  of  Registry  of 
said  precinct,  this day  of  October,  191 .  . 


OATH. 

Of  Voter  Who  is  Charged  With  Having  Been  Convicted 
of  Infamous  Crime. 

I,  in  the  presence  of  Almighty  God,  do  solemnly  declare 
that  I  am  a  citizen  of  the  United  States,  and  that  I  have  re- 
sided in  the precinct  of  the district  of 

the county,  in  the  State  of  Maryland,  from  the 

day  of ,  191 .  . ,  up  to  the 

day  of ,  191 . . ,  and  that  I  have  not  since  acquired  a 

legal  residence  giving  me  a  right  to  vote  elsewhere,  and  that 
I  have  never  been  convicted  of  any  infamous  crime  since  I 
arrived  at  the  age  of  twenty-one  years  (or  that  although  I  was 
convicted  of  an  infamous  crime,  I  was  pardoned  by  the  Gover- 
nor of  Maryland,  on  or  about  the day  of 

191..). 


Subscribed  and  sworn  before  us,  the  Board  of  Registry  of 
said  precinct,  this day  of  October,  191 .  . 


CERTIFICATE. 

To  be  Subscribed  at  the  End  of  Ea«h  Registry  at  the  Close  of  the 
Session  for  Revision  in  October. 

We,  the  undersigned,  constituting  the  Board  of  Registry  of 

the precinct  of  the district  of  the  .... 

county,  in  the  State  of  Maryland,  do  jointly  and  sev- 
erally certify  that  at  the  general  registration  of  voters  in  said 

precinct,  closed  on  this  . day  of there 

were  registered  by  us  in  said  precinct  the  names  which  in  this 
registry  are  entered,  and  that  the  number  of  registered  and 
qualified  voters  was  and  is  the  number  of  


Dated  this day  of  October.  191  .  . 

REMOVAL  CERTIFICATE. 

Precinct  ( District  of .... 

County),  or Ward  of  Baltimore  City. 


OF  THE  STATE  OF  MARYLAND.  2137 

This  is  to  certify  that  the  name  of heretofore 

residing  at ,  in  this  precinct,  has  been  stricken  from 

the  registers  of  the  precinct  and  the  proper  erasure  made,  arid 
that  upon  the  registers  of  this  precinct  the  following  entries 
appear  with  reference  to  him: 

Name 

Age   

Color    

Residence  

Nativity    

Time  of  residence  in  precinct 

Time  of  residence  in  county  (or  in  Avard  and  city) 

Time  of  residence  in  State 

Naturalized    

Date  of  papers 

Court 

Qualified  voter 

Date  of  application 


Board  of  Registry  of  said  Precinct, 
or 

Board  of  Supervisors  of  Election  of County. 

(Or  of  Baltimore  City.) 

AFFIDAVIT. 

Printed  on  Back  of  Removal  Certificate,  and  to  be  Taken  by  Voter 
When  His  Name  is  Stricken  Off  the  Registry  at  His  Request. 

I, ,  in  the  presence  of  Almighty  God,  do  solemnly 

declare  (or  affirm)  that  I  now  reside  at in 

county;  that  1  am  the  same  person  who  is  entered  by  that 

name  as  a  qualified  voter  in  the  registries  of  the 

precinct  of  the district  of county ;  that 

1  have  removed  from  the  said  last-mentioned  residence,  and  I 
do  request  that  the  proper  entries  and  records  be  made,  and 
that  my  name  be  erased  from  the  registries  of  said  last-men- 
tioned precinct,  and  that  a  removal  certificate  be  furnished  me 
at  this  time. 


Subscribed  and  sworn  to  before  us,  the  Board  of  Registry 
of  the  said  precinct,  this day  of 191  .. 


238  REGISTRATION  AND  ELECTION  LAWS 


NOMINATION  FORMS. 


CERTIFICATE  OF  NOMINATION. 

By  a  Convention,  for  an  Office  to  be  Filled  by  the  Voters 
of  an  Entire  County. 

We,  the  undersigned,  presiding  officer  and  secretary  of  the 

convention  for  the  nomination  of  a  candidate  of  the 

party,  for  the  office  of ,  hereby  certify  that , 

residing  at ,  in  the  county  of ,  whose 

business  is ,  and  whose  address  is ,  was 

duly  nominated  for  the  office  of by  the 

party  convention  of county,  held  on  the 

day  of ,  191 .  . 

That  the  said  convention  represents  a  party,  which,  at  the 
last  general  election  held  in  this  State,  polled  more  than  one 
per  cent  of  the  entire  vote  cast  in  the  said  county. 

That  the  said  convention  was  held  at in 

county. 

Witness  our  hands  this day  of ,  191 .  . 


Whose  residence  i^  at 1  Presiding  officers 

Whose  business  is [  of  the 

Whose  place  of  business  is  at J   said  convention 


Whose  residence  is  at ]        Secretary 

Whose  business  is }  of  the 

Wlxose  place  of  business  is  at J   said  convention 

State  of  Maryland.  County  of ,  to- wit : 

On  the day  of ,  A.  D.  191 . . ,  before  me, 

the  subscriber,  one  of  the  Justices  of  the  Peace  of  the  State  of 
Maryland,  in  and  for  the  county  aforesaid,  personally  ap- 
peared   ,  and ,  the  presiding  officer  and 

secretary,  respectively,  of  the party  convention, 

held  in  the  county  aforesaid,  and  acknowledged  the  afore- 
going certificate  of  nomination  to  be  their  respective  act,  and 
their  signatures  thereunto  to  be  genuine. 

,  J.  P. 

Certificates  of  nomination  for  offices  to  be  filled  by  the  voters 
of  particular  portions  of  the  county,  or  of  a  municipality, 
shall  be  in  the  same  form  as  above  with  necessary  changes  to 
make  them  applicable  to  the  precise  facts  of  each  special  case. 


OF  THE  STATE  OF  MARYLAND.  239 

''CERTIFICATE  OF  INDEPENDENT  NOMINATION. 

To  the  Board  of  Supervisors  of  Election : 

We,  the  undersigned,  voters  in  the  county  of ,  do 

hereby  certify  that  we  do  nominate ,  who  resides  at 

,  in  said  county,  whose  business  is ,  and 

whose  address  is for  the  office  of We 

do  further  certify  that  we  and  each  of  us  intend  to  vote  for 
the  said  person  nominated  hereby ;  we  do  further  certify  that 
said  candidate  so  nominated  hereby  is  the  candidate  of  the 
party. 

Witness  our  hands  this day  of ,  191 .  . 

Name  of  voter 

Residence  of  voter 

'Occupation  of  voter 

Place  of  Business  of  voter.  . . «. 

State  of  Maryland,  County  of ,  to-wit : 

I, ,  do  solemnly  swear  (or  affirm)  that  each  of 

the  persons  whose  names  are  signed  to  the  above  certificate  of 
nomination  are  known  to  me  to  be  registered  voters  of  the 
district  or  precinct  in  which  they  respectively  reside,  and  that 
I  personally  saw  each  of  said  signers  sign  such  certificate  of 
nomination. 


I  hereby  certify  that  the  above  affidavit  was  sworn  and  sub- 
scribed before  me  this day  of ,  191 .  . , 

and  that  the  said  affiant  is  personally  known  to  me. 

,  j.  p. 

*NOTE. — If  some  of  the  persons  who  sign  any  particular  cer- 
tificate did  so  in  the  presence  of  one  person  and  others  in  the 
presence  of  another,  the  affidavits  of  each  of  them  must  specify 
which  of  the  voters  so  signing  the  said  certificate  of  nomina- 
tion signed  in  the  presence  of  the  person  so  making  affidavit 
with  reference  thereto. 

The  above  form  of  Independent  Nominations  is  certainly 
applicable  in  the  counties  of  the  State.  Chapter  296  of  the 
Acts  of  1902  attempts  to  prescribe  a  different  rule  for  Balti- 
more city.  It  is  believed  that  this  provision  in  this  Act  will 
be  held  invalid  by  the  Courts  because  the  title  of  the  Act 
does  not  disclose  the  purpose  to  make  the  regulation  attempted 
as  required  by  Article  X.  Section  29,  of  the  State  Constitution. 

DECLINATION  OF  A  CANDIDATE, 
To  the  Board  of  Supervisors  of  Election  for  the  County  of 


I,  .  . '. heretofore  nominated  by  the 

party  for  the  office  of do  hereby  decline  said  nomi- 
nation. 


240  REGISTRATION  AND  ELECTION  LAWS 

Witness  my  hand  this day  of ,  191 


State  of  Maryland,  County  of ,  to- wit : 

I, ,  a  Justice  of  the  Peace  of  the  State  of  Mary- 
land, in  and  for  the  county  aforesaid,  do  hereby  certify  that 
on  this day  of ,  before  me  personally  ap- 
peared   ,  personally  known  to  me  to  be  the  person 

referred  to  in  the  above  declination  and  the  person  who  signed 
the  same,  and  acknowledged  that  the  said  declination  was  his 
act. 

,  J.  P. 

CERTIFICATE  OF  NOMINATIONS. 

To  Fill  a  Vacancy  by  a  Committee  Empowered  by  a  Convention* 
to  Fill  Such  Vacancy. 

To  the  Board  of  Supervisors  of  Elections : 

We,  the  undersigned,  chairman  and  secretary  of  the 

committee  of  the party  of  the county, 

do  hereby  certify  that  at  the  convention  of  the  said  party, 

held  on  the day  of ,  the  said  committee 

was  authorized  to  fill  vacancies  which  might  happen  among 
the  nominees  of  the  said  convention;  that  a  vacancy  has  oc- 
curred in  the  candidate  of  said  party  for  the  office  of 

the  said  vacancy  being  caused  by  the ,  that  the 

name  of  the  person  originally  nominated  for  such  office  was 

and  that  the  office  for  which  he  was  so  nominated 

was ,  and  we  do  further  certify  that  at  a  meeting 

of  the  said  committee  held  on  the day  of 

191 .  . ,  in  pursuance  of  the  power  and  authority  conferred 
upon  said  committee  by  the  said  convention,  the  said  com- 
mittee has  nominated for  the  said  office  of 

residing  at ,  in  the  county  aforesaid,  whose  business 

is ,  and  whose  address  is 

Witness  our  hands  this day  of 191  .. 

Test: 


Whose  residence  is  at ]    Chairman 

Whose  business  is j*o£  the  said 

Whose  place  of  business  is  at J  Committee. 


Whose  residence  is  at }    Secretary 

Whose  business  is J-     of  the 

Whose  place  of  business  is  at J  Committee. 

NOTE. — The  said  certificate  is  to  be  acknowledged  by  the 
chairman  and  secretary,  respectively,  in  the  same  manner  as 
the  original  certificate  of  nomination  was  acknowledged  by 
the  presiding  officer  and  secretary  of  the  convention  which 
made  the  original  nomination. 


OF  THE  STATE  OF  MARYLAND.  241 


ELECTION  FORMS. 


APPOINTMENT  AND  OATH  OF  SUBSTITUTE  JUDGE 

OR  CLERK. 

In  Place  of  Judge  or  Clerk  Not  Present  Within  Fifteen  Minutes, 
After  the  Opening  of  the  Polls. 

We,  the  judges  of  election  of  the precinct  of  the 

district  of county,  present  at  such  poll- 

place,  appointed  a  judge  (or  clerk)  of  election  for  said  pre- 
cinct, not  having  attended  at  such  polling  place  at  the  open- 
ing of  the  polls,  or  within  fifteen  minutes  thereafter,  do  ap- 
point   as  judge  (or  clerk)  of  election  in  the  place 

and  stead  of  the  said ,  so  absent,  we  having  first 

administered  to  him,  and  he  having  taken  and  subscribed  the 
oath  below  set  forth ;  that  is  to  say : 

1, ,  residing  at ,  in  the  county  of 

in  the  State  of  Maryland,  do  solemnly  swear  (or 

affirm)  that  J  am  a  legal  voter  in  the precinct  of 

the district  of  the  county  of in  said 

State,  tkat  1  will  support  the  Constitution  of  the  United 
States,  and  that  I  will  be  faithful  and  bear  true  allegiance  to 
the  State  of  Maryland,  and  support  the  Constitution  and  laws 
thereof,  and  that  1  will  faithfully  and  honestly  discharge  the 
duties  of  an  officer  of  registration,  and  of  judge  of  election 

for  the precinct  of  the district  of  the 

county  of ,  in  the  State  of  Maryland,  according  to 

the  best  of  my  ability;  and  I  do  further  swear  (or  affirm)  that 
I  will  not  attempt  to  ascertain,  save  in  cases  and  in  the  man- 
ner in  which  I  am  authorized  by  law  so  to  do,  for  what  candi- 
date or  candidates  any  person  shall  vote  or  has  voted,  on  any 
question  which  may  be,  or  may  have  been  submitted  to  the 
vote  of  the  people,  and  if  such  knowledge  shall  be  acquired  by 
me,  1  will  not  directly  or  indirectly,  by  word  or  art,  divulge 
or  reveal  the  same,  or  aid  iii  doing  so,  save  when  T  may  be  re- 
quired to  do  so  by  law  in  some  legal  proceeding. 

In  testimony  of  which  appointment  having  been  made,  and 
said  oath  having  been  taken  and  subscribed,  we  do  hereunto 
subscribe  our  names. 


242  REGISTRATION  AND  ELECTION  LAWS 

APPOINTMENT  AND  OATH  OF  SUBSTITUTE  JUDGE 

OE  CLERK. 

Made  by  Judge  or  Clerk  Compelled  to  Absent  Himself 
From  the  Polls. 

I,  ...!...;..,  a  judge  (or  clerk)  of  election  for  the 

precinct  of  the district  of county,  being 

compelled  by to  absent 

(Here  insert  reason  of  absence.) 

myself  from  the  polling  place  of  said  precinct,  do  hereby  ap- 
point in  my  place  and  stead to  act  as  judge  (or 

clerk)  until  my  return,  I  having  first  administered  to  him  the 
oath  following : 

I, ,  residing  at ,  in  the  county  of .... 

,  in  the  State  of  Maryland,  do  solemnly  swear  (or 

affirm)  that  I  am  a  legal  voter  in  the precinct  of 

the district  of  the  county  of ,  in  said 

State;  that  I  will  support  the  Constitution  of  the  United 
States,  and  that  I  will  be  faithful  and  bear  true  allegiance  to 
the  State  of  Maryland,  and  support  the  Constitution  and  laws 
thereof,  and  that  I  will  faithfully  and  honestly  discharge  the 
duties  of  an  officer  of  registration  and  of  judge  of  election  for 

the  precinct  of  the  district,  of  the  county  of ,  in 

the  State  of  Maryland,  according  to  the  best  of  my  ability; 
and  I  do  further  swear  (or  affirm)  that  I  will  not  attempt  to 
ascertain,  save  in  cases  and  in  the  manner  in  which  I  am  au- 
thorized by  law  so  to  do,  for  what  candidate  or  candidates  any 
person  shall  vote  or  has  voted,  on  any  question  which  may 
be  or  may  have  been  submitted  to  the  vote  of  the  people,  and 
if  such  knowledge  shall  be  acquired  by  me,  I  will  not,  di- 
rectly or  indirectly,  by  word  or  act,  divulge  or  reveal  the 
same  or  aid  in  doing  so,  save  when  I  may  be  required  to  do  so 
in  some  legal  proceeding. 

Sworn  and  subscribed  before  me  this day  of 

,  191.. 


NOTE  ON  POLL  BOOK  OF  APPOINTMENT  OF  SUBSTITUTE 

JUDGE  OR  CLERK. 
Form  of  Note  on  Poll  Book  of  Appointment  of  Substitute  Judge 

or  Clerk  of  Election, 

NOTE. — At  the  hour  of precisely was  ap- 
pointed and  sworn  in  as  substitute  judge  (or  clerk)  of  elec- 
tion in  the  place  of ,  who  (here  state  reason  of  ab- 
sence), and  said  substitute  began  to  serve  at  precisely , 

and  ceased  to  serve  at  precisely 


Judges  of  Election. 


OF  THE  STATE  OF  MARYLAND.  243 

COMMITMENT  BY  JUDGE  OF  ELECTION. 

State  of  Maryland, County ,  to- wit : 

To  the  Sheriff  of County,  Greeting : 

You  are  hereby  commanded  to  receive  the  body  of , 

who  is  committed  for  trial  before  the  Circuit  Court  of 

county  for  the  offense  of 

(Here  set  forth  as  nearly  as  you  can  in  the  language  of  the 

law  the  exact  offense  for  which  you  have 

committed  him.) 

arid  him,  the  said ,  safely  keep  in  your  custody  in 

jail  until  he  shall   be  thence  discharged   according  to  law 
thereof;  fail  not  at  your  peril. 

In  Testimony   Whereof,  witness  our  hands  and  seals  this 
day  of ,  191  .. 


Judges  of  Election  for  the Precinct  of  the 

District  of  the County. 

NOTE. — If  only  one  judge  signs  the  commitment  it  is  valid : 
in  that  case,  however,  he  should  make  the  necessary  change  in 
the  language  of  the  commitment  to  conform  to  the  facts. 

AFFIDAVIT  OF  VOTER. 

Who  Needs  Assistance  Because  He  is  Suffering  From  Physical  Dis- 
ability of  Some  Kind. 

State  of  Maryland, County,  to- wit : 

I, ,  whose  registered  address  is ,  in 

the  presence  of  Almighty  God,  do  solemnly  declare  (or  affirm) 

that  I  am  unable  to  mark  my  ballot  because 

(Here  state  the  special  physical  disability  which  incapacitates 

the  voter.) 

and  that  such  disability  has  existed  for years  and 

months. 

Subscribed  and  sworn  to  before  the  undersigned,  this 

dav  of  November,  191 . 


Judge  of  Election  for  the Precinct  of  the 

District  of  the County. 

STATEMENT  ON  RETURN. 

To  be  Made  in  Duplicate  by  the  Judges  of  Election 

of  Result  of  Election. 

We,  the  undersigned,  judges  and  clerks  of  election  for  the 

precinct  of  the district  of  the 

county,  in  the  State  of  Maryland,  do  hereby  certify  that  at 


244  REGISTRATION  AND  ELECTION  LAWS 

the  election  held  on  this day  of  November,  191 .  . ,  that 

the  polls  of  said  precincts  were  open  at  the  hour  of 

-A.  M.  and  were  closed  at  the  hour  of P.  M.,  and  that  at 

said  election  at  said  precinct  the  whole  number  of  votes  cast 

for was  ( )  and  the 

( Here  write  out  numbers  in  words. ) 

whole  number  of  votes  cast  for ,  for  elector  f or 

President  and  Yice-President  of  the  United  States  was  ( 

)   (and  in  like  manner  for  each 

(Here  write  out  numbers  in  words.) 
of  the  other  candidates  for  each  office. ) 

And  we  do  further  certify  that  the  above  statement  is  cor- 
rect in  all  respects. 

Witness  our  hands  this day  of  November,  191 .  . 


Judges  of  Election. 

Clerks  of  Election. 

AFFIDAVIT. 
Before  Clerk  of  Court  of  a  Voter  Removing  From  State. 

State  of  Maryland, 

County  or  City  of  Baltimore,  Set : 

I  hereby  certify  that  on  this day  of ,  191 .  .  7 

before  the  subscriber,  Clerk  of  the  Circuit  Court  for 

County  (or  of  the  Superior  Court  of  Baltimore  City),  per- 
sonally appeared ,  and  made  oath  (or  affirmation ) 

in  due  form  of  law,  that  up  to  the day  of ,  or 

thereabouts,  he  was  an  actual  resident  and  inhabitant  of  the 

election  district  of county,  of  the 

precinct  of  the ward of 

the legislative  district  of  Baltimore  city,  and  that 

on  or  about  the day  of he  removed  from  his 

said  domicile  or  place  of  residence  in  said  county  or  city,  and 
took  up  his  domicile,  habitation,  dwelling  place  or  abode  out 
of  the  State  of  Maryland,  to-wit :  (in  here  insert  minute  and 
definite  description  of  the  place  of  abode)  ;  thar  when  he  so 
removed  out  of  the  State  he  had  a  fixed  and  definite  purpose 
to  return  thereto  by  a  certain  time,  and  that  he  did  not  intend 
by  such  removal  to  change  liis  residence  within  the  State,  or  to 
return,  or  not  to  return  to  this  State,  as  circumstances  there- 
after might  make  expedient;  sworn  to  before-  im-  ''signal ur<>  <>!' 
clerk,  s^al  of  court'*. 


INDEX  TO  ELECTION   LAWS. 


A. 

ADVERTISEMENT—  Section. 

Names,  judges  and  clerks  originally  appointed,  etc..  11,116 

Time  and  place  of  registration  and  election 14, 116 

Computing  time   in   connection    with 120 

Nominations    49, 116 

Name  of  new  nominee,  etc 50,  51, 116 

Precinct  boundaries,  sub-division,  etc 127 

ALTERATION    OF   BALLOTS 51 

Punishment    for    • 94 

ANNAPOLIS— 

City  of,  revision  of  registration  books  in 39 

APPOINTMENT— 

Of   supervisors   of   election 1 

Of  clerks    6 

Of  judges  and  clerks  of  election 7 

Of  judges  and  clerks  of  election — notification  of.  ...  9, 10 

Of  judges  and  clerks  of  election — record  of 9 

Of  judges  and  clerks  of  election — notice  of 11 

Of  judges  and  clerks  of  election — complaints  against  11 

Of  substitute  registration  officers 38 

Of  substitute  judges  and   clerks 63 

APPEALS— 

From  boards  of  registry 25 

ARRESTS— 

Judges  of  election  may  order 15,  62 

ASSISTANCE- 
HOW  to  be  rendered  voter 69 

When  and  how  voter  may  receive 69 

ATTORNEY-GENERAL— 

Member  of  Board  of  State  Canvassers 87 

To  prepare  instructions  for  registration  and  election 

officers     121 

To  prepare  instructions  for  voters 3,  134 

ATTORNEY— 

To  supervisors,   employment   and   compensation   of..  5,  125 A 

AUTHORITY— 

Of  judges  of  election  to  keep  peace,  etc fr2 

Of  registration  officers  to  keep  peace,  etc 15 

Of  registration  officers  to  summon  witnesses 15 

ALPHABETICAL    LISTS     16,17,24,36 


246  INDEX. 

B. 

BALLOTS —  Section. 

To  be  provided  by  supervisors 5,  181  A,  182 

Printing  of  ballots  and  expense  of  same 53 

Supervisors  to  provide  ballots,  etc 54,  55 

What   to    contain 54,  55 

Alteration   of   ballot  by   voter 54,  55 

Mistakes  in  printing  of  ballots 54 

Form   and   arrangement   of  ballots 55-58 

Printing  of  sample  copies  of  ballots 59 

Number  of  ballots  to  be  provided 60 

Delivery  of  ballots,  ballot  boxes,  etc.,  to  judges  of 

election     : 60,  61 

Delivery  of  ballots  to  sheriffs  of  counties 60 

Delivery  of  ballots  to  Board  of  Police  Commission- 
ers of  Baltimore  city 61 

Duties  of  sheriffs  and  Board  of  Police  Commissioners  60 

Record  of  ballots  printed 60 

Spoiled    70 

Returned    , 70 

Rejected    70 

( 'ount    of    71-73,  73A 

Rejected,    return    of    76 

.    Spoiled,  return   of    76 

Marking   of    68 

BALLOT  BOXES— 

To  be  provided  by  supervisors 

Construction    of    

Position   of,  at   elections 66,  67 

Sealing  of,  after  close  of  polls 

Custody    of    77, 78 

Concealing  or  destroying 105 

BALTIMORE  CITY— 

Biennial   registration    "11 

BETTING  ON  RESULTS  OF  ELECTIONS 114 

BOARD  OF  POLICE  COMMISSIONERS  OF  BALTI- 
MORE  CITY— 

Detail  of  police    

To  distribute  ballot  boxes  and  ballots 61 

Delivery  of  ballots  to 61 

Delivery  of  registers,   etc.,   to 6L 

BOUNDARIES  OF  ELECTION  DISTRICTS,   ETC...  126,127 

BREACHES  OF  THE  PEACE— 

Penalty  for   causing    103 

C. 

CANDIDATES— 

Entitled    to    be    present    at    sessions    of    Canvassing 

Boards     81 

CANVASSING    BOARDS    80-86, 178 


INDEX.  247 

Section. 

CANVASSING   OF  VOTES    82,  83,  85 

CARDS  OF  INSTRUCTIONS— 

Supervisors  to  furnish    124 

CERTIFICATE— 

Of  Board  of  Registry    24 

Of    removal    27,  28,  31 

Of   nomination    42-4H 

Of  nomination— filing  of    .  .  .. 43,  44,  47,  48 

Of  nomination — preservation   of    46 

Of  nomination,  time  of  filing 48,  49,  54 

CHALLENGING— 

Of  jurors  in  trial  of  offenses 121 

CHALLENGE— 

Applicants  for  registration    1!) 

Rights  of  citizens    64 

Voters    64,  70 

CHALLENGERS  AND  WATCHERS   64 

CLERKS  OF  ELECTION— 

Duties   of    65 

CLERKS  AND  JUDGES— 

Appointment   of    7-10 

CLERKS  TO  BOARD  OF  REGISTRY 21 

CLERKS  TO  BOARD  OF  SUPERVISORS— 

Appointment  of   6 

CLERKS  OF  COURT— 

Duties  of,  under  this  Article 28,  29,  29A,  81 

COUNT  OF  THE  BALLOTS   71-73,  73A,  74 

CONTESTED  ELECTIONS— 

For   Comptroller,  Judges   and   Clerks   of   Courts   and 

Registers  of  Wills   129 

Of   other    officers    130 

Mode   of   proceedings    131 

Appeals     132 

For  the  Senate  or  House  of  Delegates — procedure...  133 

CONGRESS— 

Representatives   in    152-160 

CONVENTIONS— 

Nominating    41-43 

CONSTITUTION— 

Extracts  from  United  States   Page          161 

Extracts  from  Maryland    "  174 

CONSTITUTIONAL  AMENDMENTS— 

Proposed     52, 57 

CONSTABLES— 

Fees  for  summonses    15 

COMPLAINTS     OF     PERSONS    REFUSED     REGIS- 
TRATION      25 

CONGRESSIONAL  DISTRICTS   152-160 

CONSTRUCTION  OF  BALLOT  BOXES.  .  53 


L'48  INDEX. 

Section. 
COPIES  OF  THE  ARTICLE— 

Price   of,   etc 122 

COMPLAINTS       AGAINST       APPOINTMENT       OF 

JUDGES  AND  CLERKS  OF  ELECTION 11 

COUNSEL-GENERAL— 

A-ppointment  of,  by  Boards  of  Supervisors  of  Balti 

more   city  and  the   counties llio,  125A 

COMPENSATION— 

Of  Supervisors  of  Election 2,  187 

Of  Clerk  of  Board  of  Supervisors .  . ! 6, 187 

Of  additional  assistants   6, 187 

Of  sheriffs    118 

Of    judges    118, 184, 187 

Of   clerks    118, 184,  187 

CORRUPT  PRACTICES  ACT    163, 177 

CRIMES — See   "Offenses   and  Penalties." 

D. 

DELIVERING— 

Ballots  to  sheriffs  of  counties 60 

Ballots  to  Board  of  Police  Commissioners  of  Balti- 
more city    61 

Registers,  etc.,  to  sheriff  and  Board  of  Police  Commis- 
.     sioners     6  L 

DEFINITION— 

Of  words  ' '  Election  ' '  and  ' '  Precinct " 120 

DECLINING  NOMINATION   50,  51,  201 

DEATHS— 

Males  over  21  years  to  be  reported  monthly  to  Super- 
visors     13, 33 

DECEASED  AND  DISQUALIFIED  PERSONS— 

Erasure  of  names   33 

DISTRICTS— 

Election,  boundaries  of    126-128 

Congressional   154—160 

DUTIES— 

Of  sheriffs   60 

By  Board  of  Police  Commissioners  of  Baltimore  city  60 

Of  officers  of  the  law 62 

Of  clerks  of  election 65 

Of  judges  of  election 67-77 

Of  supervisors  of  elections  to  prosecute  crimes 117 

Of  Attorney-General  in  regard  to  this  Article 122 

Of  Secretary  of  State  in  regard  to  this  Article 46,  48,  49,  122 

E. 

ELECTIONS— 

Supervisors  of  1-8 

Special — Judges  and  Clerks  for 

Judges  and  Clerks  of 7-11 

Notice  of  time  and  place  of 14 


INDEX. 


Section. 

Municipal  or  charter,  regulated  by  local  law 14 

Special — Registry  for    38 

Time  and  manner  of  delivery  of  registers,  ballot 
boxes,  etc.,  to  sheriff  and  Board  of  Police  Commis- 
sioners    58-60 

Authority  of  judges  of  election 62 

Duty  of  officers  of  the  law 62 

Time  of  opening  and  closing  polling  places <5.°. 

Absence  of  judges  and  clerks  at  time  of  opening  the 

polls 63 

Substitute  judges  and  clerks  and  appointment  of  the 

same    63 

<  Challengers  and  watchers    64,  66 

Bights    of    citizens    not    accredited    challengers    or 

watchers  to  challenge   64 

Duties  of  clerks  to  keep  poll  books 65 

Voting  booths  and  regulations  regarding  same 66 

Persons  permitted  within  the  rail 66 

Expense  of  booth  and  guard  rail 66 

Duties  of  judge  at  opening  of  polls 67 

Manner  and  details  of  casting  vote 68 

Physical  disability  of  voter 69 

Spoiled  ballots 70 

Returned  ballots    70 

Mode  of  challenging   70 

Mistakes  in  registering,  etc.,  not  to  disqualify 70 

Rejected  ballots   70 

Declaration  of  results  by  judges 74 

Returns    75-77 

Declaration  of  results  by  Board  of  Canvassers 82-84 

False  returns   94,  96-98 

Documents,  ballots,  etc.,  concealing,  destroying,  etc- .  .  97 

Instructions,  Attorney-General  to  prepare 122 

Instructions,  Secretary  of  State  to  furnish  same  to 

Board  of  Supervisors 123, 124 

District,  boundaries  of   126, 127 

Contested    129-145 

ELECTION  LAWS— 

Primary  Election  Law   178-201 

Senatorial  Primary  Election  Law 140-142 

ELECTION  OF  REPRESENTATIVES  IN  CONGRESS  152-160 
ELECTORS— 

Presidential — Election  of  145-151 

Presidential — In  case  of  a  tie,  Governor  to  appoint.  .  148 

Presidential — Meeting  of  150 

Presidential — Vacancies,  how  filled  1 50 

Presidential — Time  of  meeting 151 

EMPLOYEES— 

Employees  to  be  allowed  4  hours  in  which  to  vote.  ...  01 


250  INDEX. 

Section, 

ERRORS  IN  RETURNS,  ETC.— 

Correction  of 85,  86 

EXPENSES— 

Of  ballots  and  ballot  boxes,  etc 54 

Of  voting  booth  and  guard  rail 66 

Of  printing  and  clerical  help 6,  53, 122, 187 

EXEMPTION  FROM  JURY  DUTY— 

Of  judges  and  clerks  of  election 9 

EXAMINATION  OF  JUDGES  AND  CLERKS 9,  10 

In  Garrett  county    10 

F. 

FALSE  RETURNS  OF  ELECTION 94 

FALSE  SWEARING 99 

FEES— 

Counsellor  to  Supervisors '   125,  125A 

State 's  Attorney  }s  9 

Sheriff's 15 

Constable 's    15 

FILING  CERTIFICATES— 

Of  nomination    43,  44,  47,  48 

Of  nomination — Time  of   48 

FORM  AND  ARRANGEMENT  OF  BALLOTS 55-58 

G. 

GARRETT  COUNTY— JUDGES  AND  CLERKS  EX- 
EMPT FROM  EXAMINATION  10 

GENERAL  COUNSEL— 

Appointment  of,  by  Board  of  Supervisors  of  Balti- 
more city  and  counties 125, 125A 

GENERAL  REGISTRATION   17,  26 

GOVERNOR— 

To  appoint  supervisors   1 

Removal  of  supervisors  by 

To  appoint  supervisors  to  fill  vacancies 4 

To  issue  commissions  to  persons  elected 88 

I. 

ILLEGAL  VOTING 90 

ILLEGAL  BALLOTS— 

Putting  same  in  ballot  box 95 

INTIMIDATION  OF  VOTERS   90 

INSTRUCTIONS— 

To  officers  of  registration  and  elections  to  be  prepared 

by  Attorney-General 122 

To  be  printed  and  distributed  to  supervisors  by  Secre- 
tary of  State  122 

of  board  of  registry  present 106 


INDEX.  251 

Section* 

To  officers,  etc.,  Secretary  of  State  to  fix  price  of  sale 

of  same   122 

To  voters,  preparation  and  distribution  of 122, 123 

To  officers  of  registration   122,  123 

To  judges  of  elections 122, 123 

To  clerks  of  election   1 22,  ]  23 

INTERMEDIATE  REGISTRATION    33 

Time  of  meeting,  etc 31 

Additional  meeting  of   31 ,  34 

1 N TERFERENCE— 

With  officers  of  registration W 

With  judges  and  clerks  of  election 90 

With  officers  of  registration,  penalty  for 102-104 

With  judges  and  clerks  of  election,  penalty  for 102-104 

IRREGULARITIES— 

In  giving  notice  of  election 116 

J. 

JUDGES  AND  CLERKS  OF  ELECTION— 

Number  of   7 

Qualification  of : .  7 

Appointment  of 7 

For  special  election .' 7 

Nomination  of,  and  veto  by  supervisor 8 

Notification  of  appointment  of 9, 10 

Record   of  appointment   of . . 9, 10 

Exemption  from  jury  duty  of 9, 10 

Refusing    to    serve    after    appointment    and    penalty 

therefor 9, 10 

Fee  for  State's  Attorney  for  recovery  of  penalty.  . .  9, 10 

Examination  of    9, 10 

Term  of  office  of 9, 10 

Jury  duty — Exemption  from  9, 10 

Advertisement  of  appointments  of 11, 116 

Complaints  against  appointments  of 11 

Appointments  to  fill  vacancies  of 11 

Oath  of  office  of 13 

Report  of  vital  statistics  to 13 

Penalty  for  failure  to  scrutinize  list 21 

Absence  or  disability  of 21 

Absence  at  time  of  opening  the  polls 63 

Appointment  of  substitutes 63 

Neglect  of  duty  of 96 

JUDGES  OF  ELECTION— 

Delivery  of  ballots  to 60,  61 

Authority  to  preserve  order,  etc 62 

Duties  of,  at  opening  of  polls 63 

Failure  to  receive  lawful  votes 93 

Disobeying  lawful  command  of 102 


252 


INDEX. 


Section. 
JURORS— 

Challenge  of,  in  trial  of  offenses 121 

L. 

LIST  OF  REGISTRATION  17 

M. 

MACHINES— 

Voting  allowed    Page          142 

MANNER  AND  DETAIL  OF  VOTING 68-70 

MANNER  OF  SELECTING  JUDGES  AND  CLERKS 

OF  ELECTION   7-10 

MAPS— 

Of  Baltimore  city  to  be  provided  by  supervisors.  .  .  .  128 

MISCELLANEOUS  PROVISIONS— 

Written  oaths    119 

Definition  of  the  words  ' '  Election ' '  and  ' '  Precinct ' '  120 

Time  of  giving  notice  falling  on  Sunday,  etc 120 

Trials  of  offenses  against  provisions  of  this  Article.  121 

Duties  of  Attorney-General  in  regard  to  this  Article.  122-124 

Expenses  of  printing  and  clerical  help 6, 122 

Prices  of  copies  of  this  Article  to  be  fixed  by  the 

Secretary  of  State  122 

The  Attorney-General  to  prepare  election  instructions  122-124 

MISCELLANEOUS  PROVISIONS— 

The  Secretary  of  State  to  furnish  said  instructions  to 

Board  of  Supervisors  of  Election 122-124 

Supervisors  of  election  to  furnish  cards  of  instruc- 
tions, specimen  ballots,  etc 123 

•  Employment  of  an  attorney  for  the  counties  by  su- 
pervisors of  boards  of  elections 125, 125 A 

Appointment  of  general  counsel  by  the  Board  of  Su- 
pervisors of  Baltimore  city 125 

Boundaries  of  election  districts  and  wards 126-128 

Boundaries  of  precincts   126,  127 

Maps  of  Baltimore  city  showing  boundaries  of  wards 
and    precincts    to   be   provided   by    supervisors    of 

elections  128 

MISTAKES— 

In  printing  ballots   54 

In  registering 70 

MODE  OF  CHALLENGING   70 

MODE  OF  REGISTRATION 17 

MUNICIPAL  ELECTIONS— 
Regulated  by  local  law 14 

N. 

NEW  GENERAL  REGISTRATION  IN  THE   COUN 

TIES— 
Time  of  .  20 


INDEX. 

Sectioa. 

NEGLECT  OF  DUTY— 

Of  judges  and  clerks  of  election  and  officers  of  regis- 
tration     96 

NOMINATIONS— 

Of  judges  and  clerks  of  election 8 

( 'onventions    41,  42 

Primaries     41,  42,  178-201 

Party  emblem    42,  55 

Certificate  of   42-45 

Other  than  by  convention  or  primaries 43,  200 

Piling  of  certificates    42-45,  47,  48,  88 

Preservation  of  certificates    46 

Time  of  filing  certificates 47,  48 

Certificate  of  Secretary  of  State  to  supervisors 48 

Publication  of  list  of  nominations 49 

Declining 47,  50 

Filling  vacancies  caused  by  death  or  declination....  47,50,51 

Proposed    Constitution,    Constitutional    Amendments, 

etc *  52,  57 

NOTICE— 

Of  appointment  of  judges  and  clerks  of  election.  ...  11 

Of  time  and  place  of  registration 14 

Of  time  and  place  of  election 14 

Of    time    and     place    of    election — irregularities    in 

giving   116 

NUMBER— 

Of  supervisors  of  election 1 

Of  judges  and  clerks  of  election 7 

Of  ballots  to  be  provided 60,  184 

Of  voting  envelopes  to  be  provided 184 

O. 

OATH  OF  OFFICE— 

Judges  and  clerks  of  'election 11 

OATH  OF  REGISTRATION— 

Form  and  details  of 17 

OATHS— 

To  be  written   .  4 119 

OFFICE  OF  SUPERVISORS  OF  ELECTION 5 

OFFICERS  OF  THE  LAW— 

Duties  of   62 

OFFENSES — (See  also  Penalties.) 

Registering  and  attempting  to  register  illegally 89 

Intimidation,  etc.,  of  persons  having  lawful  right  to 

register    89 

Interference,  etc.,  with  officers  of  registration 89 

Voting  and  attempting  to  vote  illegally 90 

Intimidation,  etc.,  of  qualified  voters 90 

Interference,  etc.,  with  judges  and  clerks  of  election  90 

Punishment  for  keeping  false  poll-list,  votes,  etc.  ...  92 

False  returns  of  election . .  94 


254  INDEX. 

Section. 

Putting  illegal  ballots  in  ballot  box 95 

Punishment  for  alteration,  etc.,  of  ballots  during  can- 
vass of  same   95 

Neglect  of  duty  of  judges  and  clerks  of  election  and 

officers  of  registration   96 

Concealment,  destroying  and  mutilating  records,  bal- 
lots or  other  election  documents 97,  98 

False  swearing  and  affirming 99 

Inducing  others  to  swear  or  affirm  falsely 100 

Voting  or  offering  to  vote   of  persons   convicted   of 

crime    101 

Penalty  for  disobeying  lawful  command  of  judges  of 

election     102 

Penalty  for  causing  breaches  of  the  peace,  etc 103 

Penalty  for  interfering  with  officers  of  registration, 

judges  and  clerks  of  election,  challengers,  etc....  104 

Concealing  or  destroying  ballot  boxes,  ballots,  etc .  .  105 
Penalty  for  'allowing  persons  to  register  without  a 

majority  of  board  of  registry  being  present 106 

Penalty  for  allowing  persons  to  vote  without  a  ma- 
jority of  the  judges  of  election  being  present 106 

Penalty  for  absence  of  judges  and  clerks  of  election 

during  election  hours    107 

Penalty  for  absence  of  officers  of  registration  during 

registration  hours    107 

Destroying  or  defacing  certificate  of  nomination...  108 

Destroying  or  removing  booth  supplies,  etc 109 

Showing  ballot,  making  false  statement  of  disability, 

etc 110 

Destroying  or  defacing  ballots,  etc Ill 

Eetaining  possession  of  official  ballot,  etc Ill 

Electioneering  within  100  feet  of  polling  place Ill 

Introducing  liquors  into  any  place  of  registration  or 

election,  etc 112 

Selling  or  otherwise  disposing  of  liquors  on  days  of 

election    113 

Betting  or  wagering  upon  the  result  of  election....  114 

Marching  of  soldiers  within  view  of  place  of  election  115 
Irregularities  in  notice  of  conduct  of  registration  or 

election    116 

Duties  of  supervisors  of  election  to  prosecute  offense  117 

Challenge  of  jurors  in  trial  of , 121 

P. 

PARTY  EMBLEM    42,  55 

PENALTY— 

For  interfering  with   officers  of  registration,  judges 

of  .election,  etc 104 

For  allowing  persons  to  register  without  a  majority 


INDEX.  255 

Section. 
For  allowing   persons  to  vote  without  a  majority  of 

judges  of  election  present ' 106 

For  absence  of  officers  of  registration  during  regis- 
tration hours    107 

For  absence  of  judges  :ind  clerks  of  election  during 

election   hours    107 

For   destroying   certificate   of  nomination 108 

For  destroying  booth  supplies,  etc 109 

For  showing  ballot,  etc 110 

For  destroying  or  defacing  ballots,  etc Ill 

For  retaining  possession  of  official  ballots,  etc Ill 

For  electioneering  within  100  feet  of  polling  place.  .  Ill 
For  introducing  liquors  into  places  of  registration  or 

election 112 

For  selling  liquor  on  days  of  election 113 

For  betting  or  wagering  on  result  of  election 114 

For  inarching  of  soldiers  near  places  of  election 115 

PHYSICAL  DISABILITY  OF  VOTER 69 

PLACES  OF  REGISTRATION— 

.    Appointment  of 12 

POLICE  CENSUS  OF  VOTERS 18 

POLL  LIST,  FALSE   92 

POSTING  SAMPLE  COPIES  OF  BALLOTS 59 

POSITION  OF  BALLOT  BOXES  AT  ELECTIONS. .  .  66 
POLLING  PLACES— 

Appointment  of 12 

Time  of  opening  and  closing 63 

Absence  of  judges  or  clerks  at  time  of  opening....  63 

Duties  of  judges  at  opening  of 67 

PRINTING  BALLOTS  54, 184 

PRESIDENTIAL  ELECTORS   146-151 

PRIMARY  ELECTION  LAW  178-201 

Senatorial  Primary  Law Page          140 

PRECINCTS— 

Definition  of  120 

Sub-division  of   127 

Boundaries  of    126, 127 

Size  of,  in  Baltimore  city 126 

PUBLIC  BUILDINGS— 

Use  of  5 

PUBLICATION  OF  LIST  OF  NOMINATIONS 49 

Q 

QUALIFICATIONS— 

Of  supervisors  of  election 1 

Of  judges  and  clerks  of  election 7, 10 

Of  voters   17 

QUALIFYING   OF  SUPERVISORS  OF  ELECTION..  3 


256  INDEX. 

Section. 
R. 

REGISTRATION— 

Board  of  registry,  how  constituted 15 

Board  of  registry — authority  and  duties  of 15, 17 

Sheriffs — Fees  for  summonses  15 

Constables — Fees  for  summonses   15 

Board  of  Police  Commissioners,  city  of  Baltimore — 

Details  of  police,  etc 15 

Registry  books — Custody  of   16 

Registry  books — Form  of  16 

Registry  books — To  be  provided  by  board  of  super- 
visors     5 

Registry  books — Inspection  of  40 

Registry  books — Copies  of  entries  to  be  furnished..  40 

Place  to  be  appointed  by  supervisors 12 

Notice  of  time  and  place  of 14 

Rules  and  regulations  for 14 

Preservation  of  order  during 15 

Police  census  of  voters 18 

Absence  of  judges  or  clerks 21,  38 

For  Annapolis   39 

NEW  GENERAL  REGISTRATION. 

In  the  counties ' 26 

In  Baltimore  city  27 

First  sitting — Time  of 17,  20 

Procedure  . 17,  20 

Challenge  of  applicants 10,  33 

Second,  third  and  fourth  sittings — Time  of 21 

Procedure    21 

Notice  to  suspected  disqualified  voters 22 

Scrutiny  of  list    22 

Absence  of  judge  or  clerk -2 

Fifth  sitting— Time  of 23 

Procedure    23 

Revision  of  registries   23 

Return  of  registries 24 

Registry  list  to  be  printed  and  sold 26,  34 

Appeals  from  board  of  registry 25 

• 

INTERMEDIATE  REGISTRATION. 

First  and  second  sittings 31 

Removal  certificate    31 

Noting  for  erasure 21 

Third  sitting — For  revision   34 

Hearing  of  applicants 35 

Return  of  registries  to  supervisors 35 

RULES  OF  INTERPRETATION— 

Appeals   

Absence  of  judge  or  clerk 38 


INDEX.  257 

Section. 

KEGISTBY  BOOKS— 

Custody  of 16 

I'Wm   of   ... •. 16 

KEGISTEBLNG— 

M  istakes  in    , 70 

Illegally 70 

REVISION  OF  REGISTRY '         2:J, 

REMOVAL— 

Of  supervisors , ,.,...,.»,.,  o 

Of  clerks 6 

Of  judges „•  i  11 

REPRESENTATIVES  IN  CONGRESS— 

Election  of 152 

I-Jlection   of  to  fill    vacancies 153 

RECORD— 

Of  appoiatmeat  of  judges  and  clerks  of  elections  ...  9 

Of  ballots  printed "60 

Of  statements  of  Board  of  State  Canvassers $7 

REJECTED  BALLOTS 70 

U  KTUBNS  OF  ELECTION 75 

False 94 

REFUSAL  TO  SERVE— 

.Judges  and   clerks  of  -election. ,, 9,10 

REPOBT— 

Of  vital  statistics  to  board  of  registry 13 

K IOHTS  OF  CITIZENS  TO  CHALLENGE 64 

RULES  AND  REGULATIONS  NOT  IN  THIS  ARTI- 
CLE (SUPERVISORS  TO  MAKE)   14 

R  KMOVAL  CERTIFICATES  31 

Removal  from  State   , 27,  28 

Residence    27,  28 

S. 

SAMPLE  COPIES  OF  BALLOTS— 

Posting  of   i 59 

SECRETARY  OF  STATE— 

Certificates  of  nomination  to  be  filed  with 44 

To  preserve  certificates  of  nomination 46 

To  certify  to  supervisors  names  of  nominees 48 

To    certify    to    supervisors    proposed    Constitutional 

amendments,  etc 52 

Duties  of,  as  a  member  of  the  Board  of  State  Can- 
vassers    87, 88 

To    have    printed    and     distributed     Attorney     Gen- 
eral 'a  instructions   122,  123 

To  furnish  instructions  to  voters  to  board  of  super- 
visors     123, 124 

SELLING  LIQUOR  ON  DAYS  OF  ELECTION— 

Penalty  for    11 2 

SKXATORIAL    PRIMARY    ELECTION  LAW P:ige          140 


258  INDEX. 

Section 

SHERIFFS  OF  COUNTIES— 

Fees  for  summonses .  15- 

Delivery  of  ballots  t&. . , . , . , , ,  60 

Duties  of   ,  60 

Delivery  of  registries,  etc.,  to ,  61 

SOLDIERS— 

Marching  of,  near  places  of  election ]15 

SPOILED  BALLOTS  ,  y, 70 

SPECIAL  ELECTIONS— 

Judges  aud  clerks  far 7 

Registry  for 39 

STATE   CENTRAL    COMMITTEES    TO    NOMINATE 

SUPERVISORS   1 

STATE'S  ATTORNEY'S  FEES   9, 125A 

SUNDAY— 

Time  of  notice  falling  on 120 

SUSPECTED  PERSONS 2T 

SUPERVISORS  OF  ELECTIONS— 

Appointment  of   I 

Number  of   1 

Style  of 1 

Qualifications  of   1 

State  Central  Committee  to  designate  candidates. . .  I 

Compensation  of,  and  payment  of  same. .  - 2 

Expenses,  payment  of 2 

Appointed  by  Governor,  previous  to  passage  of  this 

Article,  to  hold  office 4 

Qualifying  of 4 

Organization  of   3 

Terms  of  office  of 5 

Removal  of   3 

Filling  vacancies  in 4 

Use  of  public  buildings 5 

To  provide  office,  ballot  boxes,  ballots,  books,  etc . .  , .  5 

Clerks — Appointment  and  compensation  of 6 

Additional  assistants  and  compensation  of  same..,.  6 

Appointment  of  judges  and  clerks,  when 7 

To  give  notice  by  advertisement  of  names  of  judges 

and  clerks  appointed 11 

To  remove  unfit  judges  and  clerks 11 

To  appoint  place  of  registration  and  polling  place.  .  .  12 
To  give  notice  of  time  and  place  of  registration  and 

election    .,, 14 

To  furnish  names  of  deceased  persons 13 

Majority  to  decide  all  questions 14 

To  make  rules  and  regulations  for  conduct  of  regis- 
tration and  elections 14 

To  furnish  copies  of  list  of  persons  registered 24 

To  publish  nominations 4J) 

To  publish  proposed  Constitutional  amendments,  etc.  52 

To  post  sample  copies  of  ballots 59 


INDEX.                          ^  259 

Section. 

To  provide  voting'  booths 66 

<  'ustody   of   ballot   boxes 78 

To  constitute  a  board  of  canvassers 80 

To  prosecute  offenses 117 

To  furnish   cards  of  instruction 124 

To   furnish   specimen  ballots 124 

To  employ  ;ni   attorney 125,  125A 

•To  establish  precincts    126,  127 

In   Baltimore  city,  to  furnish  maps  of  wards  and  pre- 

cints    128 

To  sub-divide  election  districts  and  precincts 126,  127 

SWEARING  FALSELY   99 

SUBSTITUTE   REGISTRATION  OFFICERS — 

Appointment  of 38 

SUBSTITUTE  JUDGES  AND  CLERKS— 

Appointment  of 38,  63 

SUB-DIVISION    OF    ELECTION    DISTRICTS    AND 

PRECINCTS  126,  327 

T. 

TERM   OF  OFFICE— 

Of  supervisors  of  election 3 

Of  judges   and   clerks 1),  10 

TIME  OF  DELIVERY— 

Of    registers,    etc..    to    sheriffs    and    Board    of    Police 

( 'ommissioners    60 

Of  ballot  boxes,  etc.,  to  supervisors  after  election.  .  .  77 

TIME  OF— 

Selecting  judges  and  clerks  of  election 7 

Registration — Notice  of 14 

Election— Notice  of  14 

General  registration 17,  26 

Intermediate  registration  31 

Filing  certificates  of  nomination 42-48 

Opening  and  closing  polling  places 63 

Destruction  of  ballots,  etc.,  after  election 78 

Meeting  of  board  of  canvassers 80,  81 

Transmission  of  statement  of  board  of  canvassers.  .  83 

Meeting  of  Board  of  State  Canvassers 87 

Computing  of,  for  notices 120 

TRIALS— 

Of  offenses  against  provisions  of  this  Article,  chal- 
lenge of  jurors  in    121 

TRANSFERS    31 

U. 

USE  OF  PUBLIC  BUILDINGS. .  5 


1260  INDEX. 

Section. 
V. 

Y 1TAL  STATISTICS  i;i 

Report  of,  to  board  of  registry K-1. 

VOTING  BOOTHS— 

Regulations  regarding  smut? 66 

Guard  rail,  expense  of   06 

VOTING— 

Machines,    use    of   allowed Page  142 

Manner  and    details   of 68 

Illegally    '.'<' 

Of   persons   convicted    of   crime 101 

VOTER— 

Physical  disability  of    61' 

VTACANCIES- 

Filling  of  (Supervisors  of  Elections) 4 

Filling  of  (Judges  and  Clerks) 11 

Filling  of  (Judges  and  Clerks) ;'>7 

Filling  of  (Nominations) 5<> 


NOTE: — Officers  of  election  and  registration  should  study  carefully 
the  instructions  prepared  by  the  Attorney-General  beginning  at 
page  166. 


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